PERM, prevailing wage processing updates

26 Dec 19

UNITED STATES

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

PERM Processing: The department has announced that it is now adjudicating applications filed in September and earlier, is conducting audit reviews on applications filed in April and earlier, and is reviewing appeals filed in July and earlier for reconsideration.

Average PERM processing times in November:

  • Adjudication – 81 days.
  • Audit review – 244 days.

PWD Processing: The National Prevailing Wage Center was processing PWD requests filed in August and earlier for H-1B and PERM cases. Redeterminations were being considered on appeals filed in October and earlier for H-1B cases and for PERM cases. Center director reviews were being conducted on appeals filed in November and earlier for PERM cases and H-1B cases.

Average times for issuance of prevailing wage determinations in November:

  • H-1B – 115 days (OES), 105 days (non-OES).
  • PERM – 112 days (OES), 98 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 consistent with the Labor Department’s published processing times. BAL is seeing approvals for PERM applications filed in September and earlier and is seeing PWDs for requests filed in August and earlier.

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

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