United States | PERM, prevailing wage processing updates

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

PERM Processing: As of Dec. 31, the department was adjudicating applications filed in January 2023 and earlier, conducting audit reviews on applications filed in December 2022 and earlier, and reviewing appeals for reconsideration filed in March 2023 and earlier.

PWD Processing: As of Dec. 31, the National Prevailing Wage Center was processing PWD requests filed in May 2023 and earlier for H-1B OEWS cases and June 2023 and earlier for PERM OEWS cases. For PERM non-OEWS and H-1B non-OEWS cases, the department is processing requests filed in February 2023 and earlier. Redeterminations were being considered on appeals filed in June 2023 and earlier for both H-1B cases and PERM cases. Finally, Center Director Reviews were being conducted for PERM cases filed in October 2023 and earlier. As of Dec. 31, there are no pending Center Director Reviews being conducted for H-1B cases.

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 January 2023 and earlier, but PWDs for some requests filed in July 2023 and earlier for H-1B OEWS and PERM OEWS cases.

This alert has been provided by the BAL U.S. Practice Group.

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