PERM, prevailing wage processing updates

8 Sep 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 Aug. 31, the department was adjudicating applications filed in April and earlier, conducting audit reviews on applications filed in November and earlier, and reviewing appeals for reconsideration filed in June and earlier.

Average PERM processing times in August:

  • Adjudication – 140 days.
  • Audit review – 308 days.

PWD Processing: As of Aug. 31, the National Prevailing Wage Center was processing PWD requests filed in May and earlier for H-1B cases and March and earlier for PERM cases, according to the Labor Department. Redeterminations were being considered on appeals filed in August and earlier for H-1B cases and for PERM cases. There were no center director reviews pending for H-1B or PERM cases.

Average times for issuance of prevailing wage determinations in August:

  • H-1B – 108 days (OES), 96 days (non-OES).
  • PERM – 107 days (OES), 91 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 non-audited PERM applications filed in April and earlier, and is seeing PWDs for requests filed in May and earlier for H-1B and PERM (OES) cases.

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

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