PERM, prevailing wage processing updates

22 Jan 20

UNITED STATES

The Labor Department has posted processing times current as of Dec. 31 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 for reconsideration filed in July and earlier.

Average PERM processing times in December:

  • Adjudication – 92 days.
  • Audit review – 244 days.

PWD Processing: The National Prevailing Wage Center was processing PWD requests filed in September and earlier for H-1B and PERM cases. Redeterminations were being considered on appeals filed in November and earlier for H-1B cases and for PERM cases. Center director reviews were being conducted on appeals filed in December and earlier for H-1B cases, with no reviews of PERM cases pending.

Average times for issuance of prevailing wage determinations in December:

  • H-1B – 120 days (OES), 111 days (non-OES).
  • PERM – 118 days (OES), 110 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 September 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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