The Department of Labor (DOL) has issued updated processing times as of December 01, 2024 for Prevailing Wage Determinations (PWD) and PERM applications. The updated processing times are as follows:

PREVAILING WAGE DETERMINATIONS PROCESSING TIMES

According to DOL, the National Prevailing Wage Center, or the NPWC, is currently processing PWDs filed in May 2024  for OEWS wages. For non-OEWS wages, the NPWC is processing PWDs that were filed in May 2024 as well. These include PWDs that have been submitted based on private wage surveys.

Further, the NPWC is processing PWD redetermination requests that were submitted in July 2024.

It is important to note that the NPWC’s reported processing times are what the agency considers to be within normal processing times. This means that it is possible for PWDs to be processed and issued sooner. Currently, at Reddy Neumann Brown PC, we are seeing PWDs being issued in about 6 months on average.

PERM PROCESSING TIMES

According to DOL, the agency is currently processing PERM applications filed in September 2023. On average, DOL is adjudicating PERMs in approximately 468 days – this is over 15 months.

DOL states the agency is currently processing PERM application audits that were filed in December 2022. On average, the processing time for PERM applications in audit review is 496 days. This means if a case is selected for audit, an additional month is added to the processing time.

For reconsideration requests filed with the Certifying Officer, DOL is currently processing requests filed in July 2024.

Currently at Reddy Neumann Brown PC, we are seeing PERM applications approved in about 14 to 15 months on average. If selected for audit, the processing time for the PERM application could be as long as 16 months or more. This timeframe is consistent with the average processing times being reported by the Department of Labor.

INCREASED PROCESSING TIMES

We do not anticipate PERM processing times improving in the near future. These long processing times for both prevailing wage determinations and PERM applications is a serious problem that will continue for not only foreign workers, but employers as well.

Based on information obtained from Reddy Neumann Brown PC’s PERM delay litigation, the Department of Labor adjudicates PERM applications by “processing month” and not on a first-in/first-out basis. Though PERM applications are being adjudicated by “processing month,” they are not necessarily processed in the order that they are received within that “processing month.” This means a PERM application could be received on the first day of the “processing month,” but the application may not be adjudicated until the very end of the allotted timeframe.

Furthermore, in June 2023 DOL implemented a new Form ETA 9089 to be submitted through the Foreign Labor Application Gateway (FLAG) system rather than the legacy PERM system. The Form ETA 9089’s structure and content has changed as part of the transition to the FLAG system, but the regulations of the PERM process have not changed.

As of December 1, 2024, the legacy PERM system has been decommissioned and all PERM applications must be filed in the FLAG system. As the legacy PERM system is no longer accessible, employers who require any information from the system will need to submit a FOIA request.

While the new form aims to streamline the PERM process and increase the efficiency of DOL’s application review process, the desired effect of reduced processing times has yet to be seen. DOL has stated they are aware of the existing delays and will continue to seek out improvements.

Both employees and employers must remain informed about the processing times for both prevailing wage determinations and PERM applications. Long DOL processing times are impacting those who are on temporary work visas, and it is recommended the PERM process is started as soon as possible for these individuals. Working with an experienced attorney will ensure the process is successful from the very outset as any mistakes made could require the entire process be started again causing even longer processing times and major delays.

Furthermore, certain individuals may qualify for alternative options and should explore these alternative routes such as the EB-1A immigrant visa or a National Interest Waiver. Speaking with an experienced attorney will allow individuals to determine if they qualify and can bypass the lengthy PERM process entirely.

For over 25 years, Reddy & Neumann, P.C. has focused solely on U.S. employment-based immigration, and works with employers to establish best practices when navigating the PERM labor certification process. If you are in need of a U.S. work visa or permanent residency, speak with one of our immigration lawyers. Please contact us online, call our Houston business immigration office directly at 713-953-7787 or schedule a consultation.

By: Jessica Palarca

Jessica Palarca is an attorney in Reddy & Neumann’s PERM Labor Certification Department where she assists clients in the beginning stages of the green card process.