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 Oct. 31, the department was adjudicating applications filed in May and earlier, conducting audit reviews on applications filed in December and earlier, and reviewing appeals for reconsideration filed in July and earlier.

Average PERM processing times in October:

• Adjudication – 164 days.
• Audit review – 308 days.

PWD Processing: As of Oct. 31, 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 October and earlier for H-1B and PERM cases. Center director reviews were being conducted on PERM cases filed in September and earlier. There were no center director reviews pending for H-1B cases.

Average times for issuance of prevailing wage determinations in October:

• H-1B – 121 days (OES).
• PERM – 119 days (OES), 108 days (non-OES).

Additional Information: 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 non-audited PERM applications filed in May and earlier, and is seeing PWDs for requests filed in June and earlier for H-1B and PERM cases.

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

Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.