PERM, PWD processing updates

The Labor Department has posted processing times current as of Nov. 30 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 April and earlier, and appeals filed in November and earlier are being reviewed for reconsideration.

Average PERM processing times in November:

• Adjudication – 116 days.
• Audit review – 242 days.

PWD processing: The National Prevailing Wage Center is currently processing requests filed in September and earlier for H-1B cases and PERM cases. Redeterminations are being considered on appeals filed in November and earlier for H-1B and PERM cases. Center director reviews are being conducted on appeals filed in October 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 PWDs for requests filed in September or earlier, but is receiving PERM certifications filed in early August in a sign that PERM processing is slightly ahead of official timelines.

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

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.