Labor Department posts PERM, prevailing wage processing updates

2 Sep 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 Aug. 31, the department was adjudicating applications filed in April and earlier, conducting audit reviews on applications filed in October and earlier, and reviewing appeals for reconsideration filed in April and earlier.

Average PERM processing times:

  • Adjudication – 156 days.
  • Audit review – 334 days.

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

Average times for issuance of PWDs:

  • H-1B – 152 days (OES), 177 days (non-OES).
  • PERM – 152 days (OES), 204 days (non-OES).

BAL Analysis: BAL’s internal case tracking is mostly consistent with Labor Department’s published processing times. BAL is seeing approvals for PERM applications filed in April and earlier and is starting to see PWDs for requests filed in March and earlier for H-1B cases and February and earlier for PERM cases. Some PWD requests are taking notably longer than the Labor Department’s posted average times, however, particularly for non-OES requests.

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

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