PERM, prevailing wage processing updates

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

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

Average PERM processing times in August:

• Adjudication – 78 days.
• Audit review – 211 days.

PWD Processing: The National Prevailing Wage Center is currently processing requests filed in May and earlier for H-1B and PERM cases. Redeterminations are being considered on appeals filed in August and earlier for H-1B cases and July and earlier for PERM cases. Center director reviews are being conducted on appeals filed in June 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 August:

• H-1B – 110 days (OES), 118 days (non-OES).
• PERM – 111 days (OES), 117 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 June and earlier and is beginning to see PWDs for requests filed in May 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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