PERM, prevailing wage determination processing updates

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

PERM processing: Applications filed in January 2017 and earlier are currently being adjudicated, according to the department. Audit reviews are being conducted on applications filed in August 2016 and earlier, and at least some appeals filed in February and earlier are being reviewed for reconsideration.

Average PERM processing times in February:

• Adjudication – 78 days.
• Audit review – 234 days.

PWD processing: The National Prevailing Wage Center is currently processing requests filed in January 2017 and earlier for H-1B cases and PERM cases. Redeterminations are being considered on appeals filed in January 2017 and earlier for H-1B cases and PERM cases. Center director reviews are being conducted on appeals filed in February for H-1B and PERM cases.

Average time for issuance of prevailing wage determinations in February:

• H-1B – 99 days (OES), 140 days (non-OES).
• PERM – 80 days (OES), 100 days (non-OES).

The Labor Department reports PERM and prevailing wage determination processing timeframes on its iCERT page.

BAL Analysis: BAL’s internal case tracking is consistent with the Labor Department processing times. BAL is seeing approvals for PERM applications filed in January 2017 or earlier and is awaiting prevailing wage determinations for requests filed in January 2017.

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

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