United States

PERM, prevailing wage processing updates

22 Jan 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 Dec. 31, the department was adjudicating applications filed in June and earlier, conducting audit reviews on applications filed in February and earlier, and reviewing appeals for reconsideration filed in August and earlier.

Average PERM processing times in December:

  • Adjudication – 175 days.
  • Audit review – 317 days.

PWD Processing: As of Dec. 31, the National Prevailing Wage Center was processing PWD requests filed in July and earlier for H-1B and PERM cases, according to the Labor Department. Redeterminations were being considered on appeals filed in November and earlier for PERM cases and December and earlier for H-1B cases. Center director reviews were being conducted on PERM cases filed in November and earlier. There were no center director reviews pending for H-1B cases.

Average times for issuance of prevailing wage determinations:

  • H-1B – 134 days (OES), 138 days (non-OES).
  • PERM – 130 days (OES), 113 days (non-OES).

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 June and earlier, and is seeing PWDs for requests filed in July and earlier for H-1B cases and PERM 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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