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

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

Determinations January 2023 February 2023 March 2023
Adjudication 264 days 264 days 271 days
Audit Review 383 days 383 days 402 days

PWD Processing: As of March 31, the National Prevailing Wage Center was processing PWD requests filed in January 2022 and earlier for H-1B OES and PERM OES cases, February 2022 and earlier for H-1B non-OES cases, and January 2022 and earlier for PERM non-OES cases. Redeterminations were being considered on appeals filed July and earlier for H-1B cases, and June and earlier for PERM cases.

BAL Analysis: BAL’s internal case tracking is mostly consistent with the Labor Department’s published processing times. BAL is seeing faster PWD issuances for PERM OES and non-OES cases. BAL is seeing approvals for PERM applications filed in July and earlier, and is starting to see PWDs for requests filed in January and earlier for H-1B OES cases, February and earlier for H-1B non-OES cases, and October and earlier for PERM OES and non-OES 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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