PERM, prevailing wage processing updates

15 Jul 19

UNITED STATES

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

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

Average PERM processing times in June:

  • Adjudication – 82 days.
  • Audit review – 210 days.

PWD Processing: The National Prevailing Wage Center is currently processing requests filed in March and earlier for H-1B and PERM cases. Redeterminations are being considered on appeals filed in June and earlier for H-1B, and May and earlier for PERM cases. Center director reviews are being conducted on appeals filed in May and earlier for PERM cases. The department reported that it had no center director reviews pending for H-1B cases.

Average times for issuance of prevailing wage determinations in June:

  • H-1B – 111 days (OES), 121 days (non-OES).
  • PERM – 112 days (OES), 122 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 May and earlier and is seeing PWDs for requests filed in March and earlier.

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

Copyright © 2019 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.