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

PERM Processing: As of May 31, the department was adjudicating applications filed in July 2022 and earlier, conducting audit reviews on applications filed in April 2022 and earlier, and reviewing appeals for reconsideration filed in August 2022 and earlier.

Determinations: March 2023 April 2023 May 2023
Adjudication 271 days 279 days 279 days
Audit Review 402 days 383 days 383 days

PWD Processing: As of May 31, the National Prevailing Wage Center was processing PWD requests filed in August 2022 and earlier for H-1B OES, November 2022 and earlier for H-1B non-OES cases and PERM OES cases, and September 2022 and earlier for PERM non-OES cases. Redeterminations were being considered on appeals filed December 2022 and earlier for H-1B cases, and November 2022 and earlier for PERM cases. Center director reviews were being conducted for PERM cases filed in June 2023 and earlier.

BAL Analysis: BAL’s internal case tracking is mostly consistent with the Labor Department’s published processing times. BAL is seeing slightly faster PERM issuances and PWD issuances for PERM OES and non-OES cases. BAL is seeing approvals for PERM applications filed in August 2022 and earlier, and is starting to see PWDs for requests filed in August 2022 and earlier for H-1B OES cases, November 2022 and earlier for H-1B non-OES cases, and December 2022 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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