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 Sept. 30, the department was adjudicating applications filed in April and earlier, conducting audit reviews on applications filed in December and earlier, and reviewing appeals for reconsideration filed in June and earlier.

Average PERM processing times in September:

• Adjudication – 148 days.
• Audit review – 308 days.

PWD Processing: As of Sept. 30, the National Prevailing Wage Center was processing PWD requests filed in June and earlier for H-1B and PERM cases, according to the Labor Department. Redeterminations were being considered on appeals filed in August and earlier for H-1B and for PERM cases. Center Director Reviews were being conducted on appeals filed in September for PERM cases. The department reported no pending Center Director Reviews for H-1B cases.

Average times for issuance of prevailing wage determinations in September:

• H-1B – 108 days (OES), 96 days (non-OES).
• PERM – 107 days (OES), 91 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 April and earlier, and is seeing PWDs for requests filed in June 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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