PERM, prevailing wage processing updates

The Labor Department has posted processing times current as of July 31 for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.

PERM Processing: Applications filed in June and earlier are now being adjudicated, according to the department. Audit reviews are being conducted on applications filed in January and earlier, and appeals filed in April and earlier are being reviewed for reconsideration.

Average PERM processing times in July have not yet been posted. According to the Labor Department, average times in June were as follows:

• Adjudication – 78 days.
• Audit review – 211 days.

PWD Processing: The National Prevailing Wage Center is currently processing requests filed in April and earlier for H-1B and PERM cases. Redeterminations are being considered on appeals filed in June and earlier for H-1B cases and May and earlier for PERM cases. Center director reviews are being conducted on appeals filed in May and earlier for PERM cases. Center director reviews are being conducted on appeals filed in July and earlier for H-1B cases and June and earlier for PERM cases.

Average times for issuance of prevailing wage determinations in July:

• H-1B – 107 days (OES), 107 days (non-OES).
• PERM – 106 days (OES), 102 days (non-OES).

The Labor Department reports PERM and PWD processing time frames on its iCERT page.

BAL Analysis: BAL’s internal case tracking is mostly consistent with the Labor Department’s published processing times. BAL is seeing approvals for PERM applications filed in June and earlier and is seeing PWDs for requests filed in April and earlier. BAL is seeing adjudications of some audited cases somewhat sooner than the published time frames.

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