PERM, prevailing wage processing updates

The Labor Department has posted processing times current as of Oct. 31 for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.

PERM Processing: The department is now adjudicating applications filed in July and earlier, is conducting audit reviews on applications filed in February and earlier, and is reviewing appeals filed in May and earlier for reconsideration, according to the update.

Average PERM processing times:

• August: Adjudication – 70 days.
• March: Audit review – 239 days.

PWD Processing: As of Oct. 31, the National Prevailing Center was processing PWD requests filed in July and earlier for H-1B and PERM cases. Redeterminations were being considered on appeals filed in October and earlier for H-1B cases and for PERM cases. Center director reviews were being conducted on appeals filed in October and earlier for PERM cases and H-1B cases.

Average times for issuance of prevailing wage determinations in October:

• H-1B – 107 days (OES), 93 days (non-OES).
• PERM – 106 days (OES), 90 days (non-OES).

The Labor Department reports PERM and PWD processing time frames on its iCERT page.

BAL Analysis: BAL’s internal case tracking is consistent with the Labor Department’s published processing times. BAL is seeing approvals for PERM applications and PWD requests filed in July and earlier.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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