PERM, prevailing wage processing updates

The Labor Department has posted processing times current as of May 31 for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.

PERM Processing: Applications filed in April and earlier are now being adjudicated, according to the department. Audit reviews are being conducted on applications filed in November and earlier, and appeals filed in February and earlier are being reviewed for reconsideration.

Average PERM processing times in May:

• Adjudication – 71 days.
• Audit review – 222 days.

PWD Processing: The National Prevailing Wage Center is currently processing requests filed in February and earlier for H-1B and PERM cases. Redeterminations are being considered on appeals filed in May and earlier for H-1B cases and April and earlier for PERM cases. Center director reviews are being conducted on appeals filed in April and earlier for PERM cases. The department reported that it had no center director reviews pending for H-1B cases.

Average times for issuance of prevailing wage determinations in May:

• H-1B – 102 days (OES), 96 days (non-OES).
• PERM – 102 days (OES), 94 days (non-OES).
• The Labor Department reports PERM and PWD processing time frames on its iCERT page.

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 April and earlier and is seeing PWDs for requests filed in February and 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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