The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.

PERM Processing: As of Feb. 28, the department was adjudicating applications filed in June and earlier, conducting audit reviews on applications filed in March and earlier, and reviewing appeals for reconsideration filed in July and earlier.

Determinations December 2022 January 2023 February 2023
Adjudication 255 days 264 days 264 days
Audit Review 356 days 383 days 383 days

PWD Processing: As of Feb. 28, the National Prevailing Wage Center was processing PWD requests filed in January 2022 and earlier for H-1B OES and PERM OES cases, February 2022 and earlier for H-1B non-OES cases, and January 2022 and earlier for PERM non-OES cases. Redeterminations were being considered on appeals filed July and earlier for H-1B cases, and June and earlier for PERM cases.

BAL Analysis: BAL’s internal case tracking is mostly consistent with the Labor Department’s published processing times. BAL is seeing faster PWD issuances for PERM OES and non-OES cases. BAL is seeing approvals for PERM applications filed in June and earlier and is starting to see PWDs for requests filed in January and earlier for H-1B OES cases, February and earlier for H-1B non-OES cases, and August and earlier for PERM OES and non-OES cases.

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

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