As of December 31, 2023, the Department of Labor (DOL) has been actively managing the processing of PERM (Program Electronic Review Management) applications and prevailing wage determinations (PWDs), key components in the U.S. employment-based immigration system. The DOL's current focus on applications and requests filed in early 2023 demonstrates ongoing efforts to manage backlogs and streamline processing.
For PERM applications, the DOL was conducting analyst reviews for applications filed in January 2023 or earlier. This indicates a processing time of approximately one year for these applications. Additionally, the DOL was working on audited cases with priority dates of December 2022 or earlier, and standard reconsideration requests filed in March 2023 or earlier.
In the realm of prevailing wage determinations, the DOL was issuing PWDs for PERM prevailing wage requests filed in June 2023 (OES - Occupational Employment Statistics) and February 2023 (non-OES). Similarly, for H-1B prevailing wage requests, the processing was for applications filed in May 2023 (OES) and February 2023 (non-OES). Furthermore, the DOL was processing PERM and H-1B prevailing wage redeterminations requested in June 2023. However, PERM Center Director reviews requested in October 2023 were still pending.
The PERM application process, which involves the DOL certifying that there are no qualified U.S. workers available for a specific job, and the PWD process, crucial for determining the appropriate wage for foreign workers, are integral to ensuring the integrity of the U.S. labor market and fair treatment of foreign workers. The DOL's timely processing of these applications is crucial for employers and foreign nationals navigating the complex U.S. immigration system.
Pros:
For PERM applications, the DOL was conducting analyst reviews for applications filed in January 2023 or earlier. This indicates a processing time of approximately one year for these applications. Additionally, the DOL was working on audited cases with priority dates of December 2022 or earlier, and standard reconsideration requests filed in March 2023 or earlier.
In the realm of prevailing wage determinations, the DOL was issuing PWDs for PERM prevailing wage requests filed in June 2023 (OES - Occupational Employment Statistics) and February 2023 (non-OES). Similarly, for H-1B prevailing wage requests, the processing was for applications filed in May 2023 (OES) and February 2023 (non-OES). Furthermore, the DOL was processing PERM and H-1B prevailing wage redeterminations requested in June 2023. However, PERM Center Director reviews requested in October 2023 were still pending.
The PERM application process, which involves the DOL certifying that there are no qualified U.S. workers available for a specific job, and the PWD process, crucial for determining the appropriate wage for foreign workers, are integral to ensuring the integrity of the U.S. labor market and fair treatment of foreign workers. The DOL's timely processing of these applications is crucial for employers and foreign nationals navigating the complex U.S. immigration system.
Pros:
- Timely Processing: The DOL's current processing times reflect efforts to handle applications within a reasonable timeframe.
- Transparency: Regular updates on processing times provide clarity and predictability for employers and applicants.
- Efficiency in Handling Backlogs: The DOL's focus on older applications helps in managing and reducing backlogs.
- Extended Wait Times: A processing timeframe of nearly a year for PERM applications indicates significant waiting periods for employers and foreign nationals.
- Pending Reviews: The backlog in PERM Center Director reviews could lead to delays in finalizing some applications.
- Uncertainty in Planning: Employers and foreign nationals may face challenges in planning due to the time it takes to process applications and determinations.