Labor Department posts PERM, prevailing wage processing updates

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

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

Average PERM processing times in January:

• Adjudication – 207 days.
• Audit review – 339 days.

PWD Processing: As of Jan. 31, the National Prevailing Wage Center was processing PWD requests filed in August and earlier for H-1B and PERM cases, according to the Labor Department. Redeterminations were being considered on appeals filed in December and earlier for PERM cases and January and earlier for H-1B cases. Center director reviews were being conducted on PERM cases filed in December and earlier. There were no center director reviews pending for H-1B cases.

Average times for issuance of prevailing wage determinations:

• H-1B – 164 days (OES), 163 days (non-OES).
• PERM – 157 days (OES), 122 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 July and earlier, and is seeing PWDs for requests filed in August and earlier for H-1B cases and 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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