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The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination requests.
PERM Processing: As of Nov. 30, the department was adjudicating applications filed in December 2022 and earlier, conducting audit reviews on applications filed in August 2022 and earlier, and reviewing appeals for reconsideration filed in February 2023 and earlier.
Average Number of Days to Process PERM Applications
PWD Processing: As of Nov. 30, the National Prevailing Wage Center was processing PWD requests filed in April 2023 and earlier for H-1B OEWS and PERM OEWS cases, and February 2023 and earlier for PERM non-OEWS and H-1B non-OEWS cases. Redeterminations were being considered on appeals filed in June 2023 and earlier for H-1B cases and May 2023 for PERM cases. Center director reviews were being conducted for PERM cases filed in September 2023 and earlier. As of Nov. 30, there are no pending center director reviews being conducted for H-1B cases.
BAL Analysis: BAL’s internal case tracking is mostly consistent with the Labor Department’s published processing times. BAL is seeing approvals for PERM applications filed in December 2022 and earlier, but PWDs for requests filed in June 2023 and earlier for H-1B OEWS and PERM OEWS cases.
This alert has been provided by the BAL U.S. Practice Group.
Copyright © 2023 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@bal.com.
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