Labor Department posts PERM, prevailing wage processing updates

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

PERM Processing: As of March 31, the department was adjudicating applications filed in August and earlier, conducting audit reviews on applications filed in April and earlier, and reviewing appeals for reconsideration filed in November and earlier.

Average PERM processing times:

• Adjudication – 226 days.
• Audit review – 352 days.

PWD Processing: As of March 31, the National Prevailing Wage Center was processing PWD requests filed in November and earlier for H-1B cases and October and earlier PERM cases. Redeterminations were being considered on appeals filed in March and earlier for H-1B and February and earlier PERM cases. Center director reviews were being conducted on PERM cases filed in February and earlier. There were no center director reviews pending for H-1B cases.

Average times for issuance of PWDs:

• H-1B – 147 days (OES), 124 days (non-OES).
• PERM – 146 days (OES), 127 days (non-OES).

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 August and earlier and is starting to see PWDs for requests filed in November and earlier.

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

Copyright © 2021 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.