PERM, prevailing wage processing updates

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

PERM Processing: Applications filed in August and earlier are now being adjudicated, according to the department. Audit reviews are being conducted on applications filed in March and earlier, and appeals filed in August and earlier are being reviewed for reconsideration.

Average PERM processing times in September:

• Adjudication – 70 days.
• Audit review – 212 days.

PWD Processing: The National Prevailing Wage Center is currently processing requests filed in June and earlier for H-1B and PERM cases. Redeterminations are being considered on appeals filed in September and earlier for H-1B cases and appeals filed in August and earlier for PERM cases. Center director reviews are being conducted on appeals filed in August and earlier for PERM cases. The department reported that it had no redeterminations or center director reviews pending for H-1B cases.

Average times for issuance of prevailing wage determinations in August:

• H-1B – 100 days (OES), 84 days (non-OES).
• PERM – 100 days (OES), 85 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 filed in August and is awaiting PWDs for requests filed in June 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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