United States

PERM, prevailing wage determination processing updates

4 Apr 18

UNITED STATES

The Labor Department has posted processing times current as of March 31 for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.

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

Average PERM processing times in March:

  • Adjudication – 156 days.
  • Audit review – 250 days.

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

Average times for issuance of prevailing wage determinations in March:

  • H-1B – 70 days (OES), 70 days (non-OES).
  • PERM – 70 days (OES), 71 days (non-OES).

The Labor Department reports PERM and PWD processing timeframes on its iCERT page.

BAL Analysis: BAL’s internal case tracking is largely consistent with the Labor Department processing times. BAL is seeing approvals for PERM applications filed in October and is awaiting PWDs for requests filed in January and earlier.

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

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

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