Labor Department posts 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 April 30, the department was adjudicating applications filed in October and earlier, conducting audit reviews on applications filed in August and earlier, and reviewing appeals for reconsideration filed in December and earlier.

Average PERM processing times:

• Adjudication – 192 days.
• Audit review – 283 days.

PWD Processing: As of April 30, the National Prevailing Wage Center was processing PWD requests filed in October and earlier for H-1B (OES) cases, September and earlier for H-1B (non-OES) cases and October and earlier for PERM (OES and non-OES), according to the Labor Department. Redeterminations were being considered on appeals filed February and earlier for H-1B cases and PERM cases. Center director reviews were being conducted for PERM cases filed in March and earlier.

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 October and earlier and is starting to see PWDs for requests filed in October and earlier for H-1B (OES) cases, September 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.

Copyright © 2022 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.