In early 2024, the U.S. Department of Labor (DOL) provided updates on the processing times for PERM applications, Prevailing Wage Determinations (PWDs), and related reviews. Here is a detailed breakdown of the latest status as of the first quarter of 2024.
PERM Application Processing
As of February 29, 2024, the DOL was actively reviewing PERM (Program Electronic Review Management) applications that were filed up to March 2023. This timeframe indicates the processing period for analysts to review applications that do not require additional audits. For applications requiring audits, the DOL has been addressing cases with priority dates as far back as December 2022.
Prevailing Wage Determinations
Prevailing Wage Determinations (PWDs) are crucial for employers to ensure compliance with wage standards in employment-based visa petitions. As of March 31, 2024, the DOL reported processing PWD requests for PERM and H-1B visas as follows:
Pros:
PERM Application Processing
As of February 29, 2024, the DOL was actively reviewing PERM (Program Electronic Review Management) applications that were filed up to March 2023. This timeframe indicates the processing period for analysts to review applications that do not require additional audits. For applications requiring audits, the DOL has been addressing cases with priority dates as far back as December 2022.
Prevailing Wage Determinations
Prevailing Wage Determinations (PWDs) are crucial for employers to ensure compliance with wage standards in employment-based visa petitions. As of March 31, 2024, the DOL reported processing PWD requests for PERM and H-1B visas as follows:
- PERM prevailing wage requests based on Occupational Employment Statistics (OES) filed in October 2023 and non-OES requests from March 2023.
- H-1B prevailing wage requests for OES data submitted in November 2023 and non-OES data from June 2023.
Pros:
- The DOL's clear communication on specific timeframes helps set realistic expectations for employers and applicants.
- Processing times for standard applications and audits show consistent handling of older cases, which may reduce backlogs gradually.
- The detailed timeline for different types of PWD requests aids in better planning for businesses and legal practitioners.
- The extended processing times, particularly for audited PERM applications and director reviews, may delay employment plans and create uncertainty for prospective employees.
- The backlog in handling director reviews suggests a bottleneck at higher review levels, which can be critical for those awaiting final decisions on their applications.
- The differing timelines between OES and non-OES requests may cause confusion and planning challenges for employers and their legal teams.