United States | PERM processing times updated

The U.S. Department of Labor has posted updated processing times for permanent labor certification (PERM) applications.

PERM Processing: As of Feb. 29, the department was adjudicating applications filed in February 2023 and earlier, conducting audit reviews on applications filed in December 2022 and earlier, and reviewing appeals for reconsideration filed in April 2023 and earlier.

As of Feb. 29, PERM processing was averaging:

• Analyst review — 401 calendar days

• Audit review — 505 calendar days

Additional Information: DOL data on prevailing wage determination requests showed that as of Jan. 31, the National Prevailing Wage Center was processing PWD requests filed in September 2023 and earlier for H-1B OEWS and PERM OEWS cases. It was processing requests filed in June 2023 and earlier for H-1B non-OEWS cases and March 2023 and earlier for PERM non-OEWS cases. Redeterminations were being considered on appeals filed in October earlier and earlier for H-1B cases and September 2023 and earlier PERM cases.

BAL Analysis: BAL’s internal case tracking is mostly consistent with the Labor Department’s published processing times. BAL is seeing approvals for PERM applications filed in February 2023 and earlier and PWDs for requests filed October 2023 and earlier for H-1B OEWS and PERM OEWS cases. For more information, visit the Labor Department’s Foreign Labor Application Gateway processing times page.

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

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