PERM, prevailing wage determination processing updates

8 May 17

UNITED STATES

The Labor Department has posted current processing times as of April 30 for permanent labor certification (PERM) applications and prevailing wage determination requests.

PERM processing: Applications filed in February and earlier are currently being adjudicated, according to the Labor Department. Audit reviews are being conducted on applications filed in October and earlier, and appeals filed in April and earlier are being reviewed for reconsideration.

Average PERM processing times in April:

  • Adjudication – 74 days.
  • Audit review – 230 days.

PWD processing: The National Prevailing Wage Center is currently processing requests filed in February and earlier for H-1B cases and PERM cases. Redeterminations are being considered on appeals filed in February and earlier for H-1B cases and PERM cases. Center Director Reviews are being conducted on appeals filed in March for H-1B and PERM cases.

Average time for issuance of prevailing wage determinations in April:

  • H-1B – 79 days (OES), 87 days (non-OES).
  • PERM – 80 days (OES), 82 days (non-OES).

The Labor Department reports PERM and prevailing wage determination processing timeframes on its iCERT page.

BAL Analysis: BAL’s internal case tracking is mostly consistent with the Labor Department processing times, though BAL has seeing some adjudications on PERM cases filed as recently as mid-March of 2017. BAL is awaiting prevailing wage determinations for requests filed in February 2017.

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

Copyright © 2017 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@balglobal.com.