The U.S. Department of Labor (DOL) updates its processing times for Permanent Labor Certification (PERM) applications and Prevailing Wage Determinations as of August 2024. The updates are vital for employers and employees in the employment-based immigration process, as it offers an opportunity to understand the most current processing timelines that have a significant influence on immigration planning and filing strategies.
PERM Processing:
Current Status: The DOL is now working on PERM applications submitted by January 2024. This indicates that employers who filed earlier this year can expect their cases to be processed or even approved soon.
Audit Review: Meanwhile, the DOL is presently reviewing October 2023 filings for cases selected for audit. Audits can happen randomly or in response to concerns about an application and this will usually lead to greater scrutiny and possibly longer processing times—in this case, 565 days, as against the average 407 days for cases not under audit.
Prevailing Wage Determinations:
Standard Requests: The DOL is currently processing the prevailing wage determination requests made in December 2023. Prevailing wages are an important part of the PERM process that sets the lowest possible pay scale for jobs in order to protect U.S. workers against undercutting by foreign labor.
Redeterminations: For cases that require redetermination (a request for reconsideration of the wage level assigned by the DOL), processing is ongoing on requests submitted in October 2023. Employers may ask for re-determinations when they believe there was a mistake in the first determination or if new information arises.
Importance for Employers and Employees:
It is important to know these timelines for future filings, and as an employer, it is always good to manage expectations regarding approval of labor certifications. Delays at the PERM level can delay overall timing for getting employment based visas like H-1B or green cards. It’s important that employers and workers continue monitoring these processing times and work together with their immigration lawyers to ensure timely and accurate filings.
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