Labor Department posts PERM, prevailing wage processing updates

7 Jun 21

UNITED STATES

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

PERM Processing: As of May 31, the department was adjudicating applications filed in December and earlier, conducting audit reviews on applications filed in July and earlier, and reviewing appeals for reconsideration filed in February and earlier.

Average PERM processing times:

  • Adjudication – 199 days.
  • Audit review – 339 days.

PWD Processing: As of May 31, 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 April and earlier for H-1B and PERM cases. Center director reviews were being conducted for H-1B and PERM cases filed in April and earlier.

Average times for issuance of PWDs:

  • H-1B – 132 days (OES), 143 days (non-OES).
  • PERM – 132 days (OES), 160 days (non-OES).

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 December and earlier and is starting to see PWDs for requests filed in January and earlier.

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