PERM, prevailing wage processing updates

9 Dec 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 Nov. 30, the department was adjudicating applications filed in June and earlier, conducting audit reviews on applications filed in January and earlier, and reviewing appeals for reconsideration filed in August and earlier.

Average PERM processing times:

  • Adjudication – 164 days.
  • Audit review – 308 days.

PWD Processing: As of Nov. 30, the National Prevailing Wage Center was processing PWD requests filed in July and earlier for H-1B and PERM cases, according to the Labor Department. Redeterminations were being considered on appeals filed in October and earlier for PERM cases. There were no redeterminations pending for H-1B cases. Center director reviews were being conducted on PERM cases filed in September and earlier. There were no center director reviews pending for H-1B cases.

Average times for issuance of prevailing wage determinations:

  • H-1B – 121 days (OES).
  • PERM – 119 days (OES), 108 days (non-OES).

BAL Analysis: BAL’s internal case tracking is mostly consistent with the Labor Department’s published processing times. BAL is seeing approvals for non-audited PERM applications filed in June and earlier, and is seeing PWDs for requests filed in July and earlier for H-1B and PERM 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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