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 June 30, the department was adjudicating applications filed in March and earlier, conducting audit reviews on applications filed in September and earlier, and reviewing appeals for reconsideration filed in May and earlier.

Average PERM processing times in June:

• Adjudication – 121 days.
• Audit review – 298 days.

PWD Processing: The National Prevailing Wage Center was processing PWD requests filed in March and earlier for H-1B and PERM cases. Redeterminations were being considered on appeals filed in May and earlier for H-1B cases and for PERM cases. Center Director Reviews were being conducted on appeals filed in June for H-1B and PERM cases.

Average times for issuance of prevailing wage determinations in June:

• H-1B – 87 days (OES), 98 days (non-OES).
• PERM – 87 days (OES), 83 days (non-OES).

The Labor Department reports PERM and PWD processing time frames on its Foreign Labor Application Gateway website.

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 March and earlier, and is seeing PWDs for requests filed in March 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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