PERM, prevailing wage determination processing updates

The U.S. Labor Department has posted current processing times as of Jan. 12 for permanent labor certification (PERM) applications and prevailing wage determination requests.

PERM processing: Applications filed in October and earlier are currently being adjudicated. Audit reviews are being conducted on applications filed in May and earlier, and appeals filed in December and earlier are being reviewed for reconsideration.

Average PERM processing times in December:

• Adjudication – 77 days
• Audit review – 222 days

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

Average time for issuance of prevailing wage determinations in December:

• H-1B – 108 days (OES), 146 days (non-OES)
• PERM – 109 days (OES), 146 days (non-OES)

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

BAL Analysis: BAL’s internal case tracking is essentially consistent with the Labor Department processing times. BAL is seeing approvals for PERM applications filed in November 2016 or earlier and awaiting prevailing wage determinations for requests filed in October 2016.

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

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