An RFI (Request for Information) is the DOL's formal request for additional documentation before deciding a PERM. In 2026 the RFI rate is higher than in 2024, and that's one of the main reasons the backlog has grown.
How many cases get an RFI
Historically about 20-30% of PERMs receive some form of RFI. In 2026 the number is closer to the upper end (around 25-30%), trending higher for tech and consulting cases.
Each RFI adds an average of 3-6 months to total processing time — the DOL clock effectively restarts at the back of the line after you respond.
The 3 most common reasons
1) Recruitment issues: incomplete ad tearsheets, wrong dates, missing SWA job order, or one of the mandatory recruitment steps skipped.
2) ETA Form 9089 inconsistencies: salary below Prevailing Wage, requirements above what's normal for the occupation, or a job description that's too generic.
3) Employer-employee relationship questions: especially in small business, startup, or cases where the foreign national is an owner/co-founder.
How to reduce risk
Work with an immigration attorney who specializes in PERM (not a generalist). Silly recruitment mistakes drive a large share of RFIs and are 100% avoidable.
Keep copies of ALL recruitment evidence for at least 5 years — if an RFI lands, you have 30 days to respond with complete documentation.