Labor Department posts PERM, prevailing wage processing updates

5 Jan 23

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 Dec. 31, the department was adjudicating applications filed in April and earlier, conducting audit reviews on applications filed in January and earlier, and reviewing appeals for reconsideration filed in June and earlier.

The average number of days to process PERM applications was about the same in November and December.

Determinations: November 2022 December 2022
Adjudication 249 days 255 days
Audit Review 368 days 356 days

PWD Processing: As of Dec. 31, the National Prevailing Wage Center was processing PWD requests filed in January and earlier for H-1B OES and PERM OES cases, February and earlier for H-1B non-OES cases, and January and earlier for PERM non-OES cases. Redeterminations were being considered on appeals filed June and earlier for H-1B cases and May and earlier for PERM cases. Center Director Reviews were being conducted in November are earlier for PERM cases

BAL Analysis: BAL’s internal case tracking mostly consistent with the Labor Department’s published processing times. BAL is seeing slightly faster PWD issuances for PERM OES and non-OES cases. BAL is seeing approvals for PERM applications filed in March and earlier and is starting to see PWDs for requests filed in January and earlier for H-1B OES cases, February and earlier for H-1B non-OES cases and June and earlier for PERM OES and non-OES cases.

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

Copyright © 2023 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.