PERM, prevailing wage processing updates

The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.

PERM Processing: As of Oct. 31, the department was adjudicating applications filed in December 2022 and earlier, conducting audit reviews on applications filed in July 2022 and earlier, and reviewing appeals for reconsideration filed in January 2023 and earlier.

Average number of days to process PERM applications last month:

• Analyst Review — 338 calendar days.
• Audit Review — 255 calendar days.

PWD Processing: As of Oct. 31, the National Prevailing Wage Center was processing PWD requests filed in March 2023 and earlier for H-1B OEWS and PERM OEWS cases, March 2023 and earlier for H-1B non-OEWS cases and February 2023 and earlier for PERM non-OEWS cases. Redeterminations were being considered on appeals filed in June 2023 and earlier for H-1B cases and April 2023 for PERM cases. Center Director Reviews were being conducted for H-1B and PERM cases filed in June 2023 and earlier.

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 December 2022 and earlier and PWDs for requests filed in March and earlier for H-1B and PERM cases.

This alert has been provided by the BAL U.S. Practice Group.

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