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

PERM Processing: As of June 30, the department was adjudicating applications filed in January and earlier, conducting audit reviews on applications filed in August and earlier, and reviewing appeals for reconsideration filed in March and earlier.

Average PERM processing times:

  • Adjudication – 179 days.
  • Audit review – 334 days.

PWD Processing: As of June 30, the National Prevailing Wage Center was processing PWD requests filed in January and earlier for H-1B and December and earlier for PERM cases, according to the Labor Department. Redeterminations were being considered on appeals filed in May and earlier for H-1B and PERM cases. Center director reviews were being conducted for PERM cases filed in July and earlier.

Average times for issuance of PWDs:

  • H-1B – 143 days (OES), 189 days (non-OES).
  • PERM – 137 days (OES), 185 days (non-OES).

BAL Analysis: BAL’s internal case tracking is mostly consistent with Labor Department’s published processing times. BAL is seeing approvals for PERM applications filed in January and earlier and is starting to see PWDs for requests filed in December and earlier. Some PWD requests are taking notably longer than the Labor Department’s posted average times, however, particularly for non-OES requests.

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

Copyright © 2021 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.