Labor Department posts PERM, prevailing wage processing updates

6 Aug 21

UNITED STATES

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 March and earlier, conducting audit reviews on applications filed in September and earlier, and reviewing appeals for reconsideration filed in April and earlier.

Average PERM processing times:

  • Adjudication – 179 days.
  • Audit review – 344 days.

PWD Processing: As of July 31, the National Prevailing Wage Center was processing PWD requests filed in March and earlier for H-1B and January and earlier for PERM cases, according to the Labor Department. Redeterminations were being considered on appeals filed June and earlier for H-1B and PERM cases. Center director reviews were being conducted for PERM cases filed in July and earlier.

Average times for issuance of PWDs:

  • H-1B – 145 days (OES), 199 days (non-OES).
  • PERM – 145 days (OES), 199 days (non-OES).

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 March and earlier and is starting to see PWDs for requests filed in March and earlier for H-1B cases and January and earlier for PERM 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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