PERM, prevailing wage determination processing updates

The U.S. Department of Labor has posted current processing times as of Dec. 3 for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.

PERM processing: Applications filed in September and earlier are currently being adjudicated. Audit reviews are being conducted on applications filed in May and earlier, and appeals filed in November and earlier are being reviewed for reconsideration. The processing queue is current for cases that were appealed based on government error.

Average PERM processing times in November:

• Adjudication – 76 days
• Audit review – 218 days

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

Average time for issuance of prevailing wage determinations in November:

• H-1B – 112 days (OES), 123 days (non-OES)
• PERM – 113 days (OES), 140 days (non-OES)

The Labor Department reports PERM and prevailing wage determination processing time frames on its iCERT page.

BAL Analysis: The DOL’s reported processing times are in line with BAL’s internal case tracking, with the exception of private survey prevailing wage determination requests, some of which continue to be held for review from as far back as June. As BAL reported last month, the DOL has instituted a two-tiered processing system for prevailing wage determinations depending on whether the wage is supported by the department’s Occupational Employment Survey or a private survey. The average time frames confirm that PWD requests supported by private surveys are taking longer, in particular for 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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