PERM, prevailing wage determination processing updates

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

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

Average PERM processing times in August:

• Adjudication – 73 days.
• Audit review – 226 days.

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

Average times for issuance of prevailing wage determinations in August:

• H-1B – 95 days (OES), 84 days (non-OES).
• PERM – 94 days (OES), 83 days (non-OES).

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

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 July and is awaiting PWDs for requests filed in June 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.