PERM, prevailing wage processing updates

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

PERM Processing: The department has announced that it is now adjudicating applications filed in October and earlier, is conducting audit reviews on applications filed in May and earlier, and is reviewing appeals for reconsideration filed in August and earlier.

Average PERM processing times in December:

• Adjudication – 92 days.
• Audit review – 244 days.

PWD Processing: The National Prevailing Wage Center was processing PWD requests filed in October and earlier for H-1B cases and September and earlier for PERM cases. Redeterminations were being considered on appeals filed in December and earlier for H-1B cases and for PERM cases. The department reported it had no center-directed reviews pending for H-1B or PERM cases.

Average times for issuance of prevailing wage determinations in December:

• H-1B – 120 days (OES), 111 days (non-OES).
• PERM – 118 days (OES), 110 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 October and earlier, and is seeing PWDs for requests filed in October and earlier for H-1B cases and September and earlier for PERM cases.

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

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