Quick Look:
- U.S. Department of Labor provides processing times for PERM applications and Prevailing Wage Determinations (PWD) in immigration process.
- PERM application processing time is around 338 days, with audit reviews taking about 255 days on average.
- Prevailing Wage Determination requests for H-1B and PERM cases are being processed for specified timelines, providing certainty to applicants.
Navigating the world of U.S. immigration can often feel overwhelming, with numerous forms, deadlines, and waiting periods. A critical part of this process for many immigrants and employers is the Labor Certification process, also known as PERM, and obtaining Prevailing Wage Determinations (PWD). The U.S. Department of Labor plays a pivotal role in these procedures, and keeping up-to-date with their processing times is crucial for planning and peace of mind.
Current PERM Application Processing Times
When an employer in the United States seeks to hire a foreign worker permanently, they usually need to go through the PERM process. As of the latest update from the Labor Department, if you submitted your PERM application by the end of December 2022, your application is likely being processed right now. This phase is known as “Analyst Review,” and on average, it’s taking about 338 calendar days to complete.
For those applications chosen for an audit—which is a closer examination to verify information or request additional details—the Department is reviewing submissions from July 2022 and earlier. The “Audit Review” is currently averaging around 255 calendar days.
If your application reaches the stage where you need to appeal for reconsideration, the Department as of October 31 was looking at requests filed in January 2023 and earlier.
Timelines for Prevailing Wage Determination Requests
Prevailing Wage Determination is another step where the Department of Labor sets the minimum wage that employers must pay foreign workers, ensuring the wages of similarly employed U.S. workers are not adversely affected.
As of October 31, the Department was processing PWD requests for certain H-1B and PERM cases that were submitted in March 2023 or prior. This applies to cases falling under both the Occupational Employment Wage Survey (OEWS) and non-OEWS categories. For PERM cases that don’t use the OEWS, the requests from February 2023 and before were under review.
Regarding appeals for redetermination, which is when the employer or employee disputes the initially determined wage, the Department was considering those filed by June 2023 for H-1B and as of April 2023 for PERM cases. Similar timelines apply for Center Director Reviews, which is another level of appeal.
What This Means for You
According to BAL, or Berry Appleman & Leiden LLP, a leading immigration law firm, these official timelines from the Labor Department check out with their internal case tracking. They are seeing approvals correspond with these time frames. This level of alignment implies that the process is moving along expectedly, offering a ray of certainty in what can be a long and complex journey.
If you’re currently waiting for a PERM application or a PWD to be processed, or planning to file one soon, it’s helpful to keep an eye on these processing times. They offer a general timeline of what to expect and help you and your employer plan accordingly. Remember, patience is key, and it’s always advisable to consult with a knowledgeable immigration attorney to navigate these procedures successfully.
For additional information on PERM and PWD processes and the latest updates on processing times, please visit the official U.S. Department of Labor’s Foreign Labor Certification Data Center website. It’s important to stay informed and proactive when it comes to immigration, as rules and times are always subject to change.
Immigration processes can seem intricate, but understanding each step, and the associated waiting times, brings you closer to realizing your American Dream. Keep communicating with your employer and legal advisor to ensure that you remain on track and prepared for the next steps in your immigration journey.
So there you have it, folks! Navigating the world of U.S. immigration may be a bit of a rollercoaster, but with the help of the U.S. Department of Labor and their processing times, you’ll have a roadmap to follow. Whether you’re waiting for your PERM application or eagerly anticipating your Prevailing Wage Determination, staying informed and patient is key. And if you want more juicy details and updates on immigration processes, head over to visaverge.com. Happy navigating!
Pocket Piece:
Navigating U.S. immigration can be overwhelming. The Labor Certification process (PERM) and Prevailing Wage Determinations (PWD) are essential steps. As of October 31, PERM applications are taking about 338 days to process, audits about 255 days, and appeals about 10 months. PWD requests are being reviewed for H-1B and PERM cases submitted between March and February 2023. Stay informed and consult an immigration attorney.
Did you Know?
Did You Know?
- During the Labor Certification process (PERM), applications are taking approximately 338 days to process on average, while audits are averaging around 255 days.
- The Prevailing Wage Determination (PWD) requests for H-1B and PERM cases are currently being reviewed for cases submitted between March and February 2023.
- Did you know that between 1820 and 1957, Ellis Island in New York was the main entry point for immigrants coming to the United States? It is estimated that over 12 million immigrants passed through Ellis Island during this time.
- According to the United Nations, the United States is home to the largest number of international migrants in the world, with over 50 million immigrants residing in the country.
- Immigration can have a positive impact on the economy. A study by the National Academy of Sciences found that immigrants contribute significantly to innovation, entrepreneurship, and job creation in the United States.
- Did you know that the Immigration and Nationality Act of 1965 abolished the national origins quota system, which heavily favored European immigrants, and established a new system based on family reunification and skilled employment?
- California has the highest number of immigrants among all U.S. states, with over 10 million foreign-born residents. This represents around 25% of the total population of California.
- Did you know that the United States grants asylum to more refugees than any other country in the world? In 2020, the U.S. admitted over 85,000 refugees, providing them with protection and the opportunity to start a new life.
- Immigrants have made significant contributions to various fields in the United States. For example, more than half of all Nobel laureates in the United States since 1901 have been immigrants.
- Did you know that the Diversity Immigrant Visa Program, also known as the Green Card Lottery, was established in 1990 to promote diversity in immigration to the United States? Each year, approximately 50,000 visas are allocated randomly to applicants from countries with low rates of immigration to the U.S
These intriguing facts shed light on the historical significance of Ellis Island, the economic contribution of immigrants, the impact of immigration policy changes, and the diversity of immigrant populations in the United States. They illustrate the complex nature of immigration and highlight fascinating aspects often overlooked in mainstream discussions.
Learn Today: Key Terms Explained
Glossary or Definitions:
- U.S. Department of Labor: The U.S. Department of Labor is a government agency responsible for enforcing labor laws and regulations. It plays a crucial role in the immigration process, particularly in the Labor Certification process (PERM) and determining prevailing wages for foreign workers.
PERM: PERM stands for Program Electronic Review Management. It is a labor certification process that employers in the United States must go through when seeking to hire a foreign worker permanently. The PERM process is managed by the U.S. Department of Labor and involves various stages of review, including Analyst Review, Audit Review, and Appeals.
Prevailing Wage Determination (PWD): Prevailing Wage Determination refers to the minimum wage that employers must pay to foreign workers in certain job positions. The U.S. Department of Labor determines the prevailing wage based on wage surveys and data to ensure that foreign workers are paid fairly and that the wages of similarly employed U.S. workers are not adversely affected.
Processing Times: Processing times refer to the average duration it takes for a specific stage of an immigration application to be completed by the U.S. Department of Labor. These times indicate the expected waiting periods for applicants and provide an indication of the progress of their applications.
Analyst Review: Analyst Review is the initial stage of the PERM process where a labor certification application is reviewed by the U.S. Department of Labor to determine if it meets the necessary requirements.
Audit Review: Audit Review is a closer examination of a labor certification application that has been selected for an audit. The U.S. Department of Labor reviews the application and may request additional details or verification of information.
Appeals: Appeals refer to the process of requesting a reconsideration or review of a decision made by the U.S. Department of Labor regarding a labor certification application or prevailing wage determination. This process allows employers or employees to dispute the initially determined outcome.
Occupational Employment Wage Survey (OEWS): The Occupational Employment Wage Survey is a survey conducted by the U.S. Department of Labor to collect information on wages for various occupations in specific geographic areas. The survey data is used to determine prevailing wages for certain job positions in the PERM process.
Non-OEWS: Non-OEWS refers to cases that do not fall under the Occupational Employment Wage Survey category. These cases may have different standards for determining prevailing wages, often relying on alternative sources of wage data.
Center Director Review: Center Director Review is an additional level of appeal for labor certification applications or prevailing wage determinations. It involves a review by the Director of the appropriate regional processing center of the U.S. Department of Labor.
Immigration Attorney: An immigration attorney is a legal professional who specializes in immigration law. They provide guidance and representation to individuals and employers navigating the complexities of the immigration process. Consulting with an immigration attorney is advisable to ensure a successful immigration journey.
Note: The provided content did not include acronyms or jargon specific to immigration.
