Key Points
- The DOL has updated processing times for PWD and PERM applications through December 31, 2020
- Average PERM processing times were 175 days (adjudication) and 317 days (audit review)
- Average PWD processing times for H-1B were 134 days (OES) and 138 days (non-OES)
- Average PERM processing times were 130 days (OES) and 113 days (non-OES)
Overview
The U.S. Department of Labor (DOL) has updated processing times for prevailing wage determination (PWD) and permanent labor certification (PERM) applications.
What are the Changes?
PERM Processing
Through December 31, 2020, the DOL was adjudicating PERM applications filed in June 2020 and earlier. It was conducting audit reviews for PERM applications filed in February 2020 or before, and it was reviewing appeals for consideration filed through August 2020 and earlier.
Average PERM processing times in December 2020 were 175 days (adjudication) and 317 days (audit review).
PWD Processing
Through December 31, 2020, the National Prevailing Wage Center (NPWC) was processing PWD requests submitted in July 2020 and earlier for PERM and H-1B cases. The NPWC was also considering redeterminations on appeals filed in November 2020 or before for PERM cases and December 2020 or before for H-1B cases. The NPWC was conducting interviews for PERM cases filed in November 2020 and earlier.
Average PWD processing times in December 2020 for H-1B were 134 days (OES) and 138 days (non-OES). Average PERM processing times were 130 days (OES) and 113 days (non-OES).
What Should Employers and Applicants Know?
The DOL's Office of Foreign Labor Certification (OFLC) may still be completing applications filed before the month specified. Individuals whose applications were filed more than three months before the month posted can contact the OFLC PERM Helpdesk for a status update.
Originally Published by Envoy, January 2021
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.