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 July 31, the department was adjudicating applications filed in September 2022 and earlier, conducting audit reviews on applications filed in June 2022 and earlier, and reviewing appeals for reconsideration filed in September 2022 and earlier.

Average Number of Days to Process PERM Applications

PWD Processing: As of July 31, the National Prevailing Wage Center was processing PWD requests filed in January 2023 and earlier for H-1B OEWS and PERM OEWS cases, November 2022 and earlier for H-1B non-OEWS cases, and September 2022 and earlier for PERM non-OEWS cases. Redeterminations were being considered on appeals filed in February 2023 and earlier for H-1B cases and PERM cases. Center Director Reviews were being conducted for H-1B and 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 approvals for PERM applications filed in September 2022 and earlier, but PWDs for requests filed in February 2023 and earlier for H-1B OEWS and PERM OEWS cases.

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

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