Labor Department posts PERM, prevailing wage processing updates

11 Jan 22

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

Average PERM processing times:

  • Adjudication – 158 days.
  • Audit review – 310 days.

PWD Processing: As of Dec. 31, the National Prevailing Wage Center was processing PWD requests filed in May and earlier for H-1B (OES) cases, March and earlier for H-1B (non-OES) cases, April and earlier for PERM (OES) cases and March and earlier for PERM (non-OES) cases, according to the Labor Department. Redeterminations were being considered on appeals filed November and earlier for H-1B and PERM cases. Center director reviews were being conducted for PERM cases filed in December and earlier.

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 earlier and is starting to see PWDs for requests filed in May and earlier for H-1B (OES) cases, March and earlier for H-1B (non-OES) cases, April and earlier for PERM (OES) cases and March and earlier for PERM (non-OES) 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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