PERM, prevailing wage determination processing updates

The Labor Department has posted processing times current as of Oct. 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 March and earlier, and appeals filed in October and earlier are being reviewed for reconsideration.

Average PERM processing times in October:

• Adjudication – 119 days.
• Audit review – 244 days.

PWD processing: The National Prevailing Wage Center is currently processing requests filed in August and earlier for H-1B cases and September and earlier for PERM cases. Redeterminations are being considered on appeals filed in October and earlier for H-1B and PERM cases. Center director reviews are being conducted on appeals filed in September for H-1B and PERM cases.

Average times for issuance of prevailing wage determinations in October:

• H-1B – 68 days (OES), 109 days (non-OES).
• PERM – 68 days (OES), 77 days (non-OES).

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

BAL Analysis: BAL’s internal case tracking is mostly consistent with the Labor Department processing times. BAL is seeing approvals for PERM applications filed in July or earlier and is awaiting PWDs for requests filed in August or earlier.

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

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