PERM, prevailing wage determination processing updates

The Labor Department has posted processing times that are current as of June 30 for permanent labor certification (PERM) applications and prevailing wage determination requests.

PERM processing: Applications filed in April and earlier are now being adjudicated, according to the Labor Department. Audit reviews are being conducted on applications filed in December and earlier, and appeals filed in May and earlier are being reviewed for reconsideration.

Average PERM processing times in June:

• Adjudication – 68 days.
• Audit review – 224 days.

PWD processing: The National Prevailing Wage Center is currently processing requests filed in April and earlier for H-1B and PERM cases. Redeterminations are being considered on appeals filed in May or earlier for H-1B cases and January or earlier for PERM cases. Center Director Reviews are being conducted on appeals filed in April for H-1B and PERM cases.

Average time for issuance of prevailing wage determinations in June:

• H-1B – 95 days (OES), 115 days (non-OES).
• PERM – 96 days (OES), 108 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 basically consistent with the Labor Department processing times. BAL is seeing approvals for PERM applications filed in April 2017 or earlier and is awaiting prevailing wage determinations for requests filed in May or later.

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

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