Labor Department posts PERM, prevailing wage processing updates

The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.

PERM Processing: As of June 30, the department was adjudicating applications filed in September 2022 and earlier, conducting audit reviews on applications filed in May 2022 and earlier, and reviewing appeals for reconsideration filed in August 2022 and earlier.

PWD Processing: As of June 30, the National Prevailing Wage Center was processing PWD requests filed in January 2023 and earlier for H-1B OES and PERM OES cases, November 2022 and earlier for H-1B non-OES cases, and September 2022 and earlier for PERM non-OES cases. Redeterminations were being considered on appeals filed January 2023 and earlier for H-1B cases, and November 2022 and earlier for PERM cases. Center director reviews were being conducted for PERM cases filed in June 2023 and earlier.

BAL Analysis: BAL’s internal case tracking is mostly consistent with the Labor Department’s published processing times. BAL is seeing slightly faster PERM issuances and PWD issuances for PERM OES and non-OES cases. BAL is seeing approvals for PERM applications filed in September 2022 and earlier, and is starting to see PWDs for requests filed in January 2023 and earlier for H-1B OES cases, November 2022 and earlier for H-1B non-OES cases, and January 2023 and earlier for PERM OES.

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

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