PERM, prevailing wage processing updates

12 Jun 20

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 January and earlier, conducting audit reviews on applications filed in August and earlier, and reviewing appeals for reconsideration filed in April and earlier.

Average PERM processing times in May:

  • Adjudication – 129 days.
  • Audit review – 302 days.

PWD Processing: The National Prevailing Wage Center was processing PWD requests filed in March and earlier for H-1B and PERM cases. Redeterminations were being considered on appeals filed in April and earlier for H-1B cases and for PERM cases. Center Director Reviews were being conducted on appeals filed in March for PERM cases. The department reported no pending Center Director Reviews for H-1B cases.

Average times for issuance of prevailing wage determinations in May:

  • H-1B – 78 days (OES), 110 days (non-OES).
  • PERM – 78 days (OES), 79 days (non-OES).

The Labor Department reports PERM and PWD processing time frames on its Foreign Labor Application Gateway website.

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 January and earlier, and is seeing PWDs for requests filed in March and earlier for H-1B cases and PERM cases.

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

Copyright © 2020 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.