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 March 31, the department was adjudicating applications filed in March 2023 and earlier, conducting audit reviews on applications filed in December 2022 and earlier, and reviewing appeals for reconsideration filed in May 2023 and earlier.

Average Number of Days to Process PERM Applications

PWD Processing: As of March 31, the National Prevailing Wage Center was processing PWD requests filed in November 2023 and earlier for H-1B OEWS cases and October 2023 and earlier for PERM OEWS cases. For H-1B non-OEWS cases, the department is processing requests filed in June 2023 and earlier. For PERM non-OEWS cases, the department is processing requests filed in March 2023 and earlier. Redeterminations were being considered on appeals filed in November 2023 and earlier for both H-1B cases and PERM cases. Finally, Center Director Reviews were being conducted for both H-1B and PERM cases filed in August 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 March 2023 and earlier, and PWDs for requests filed in November 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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