10/28/2022 0 Comments Perm processing time 2021![]() Center Director Reviews are being conducted on appeals filed in August for H-1B and PERM cases.Īverage time for issuance of prevailing wage determinations in November: Redeterminations are being considered on appeals filed in October and earlier for H-1B cases and those filed in September for PERM cases. PWD processing: The National Prevailing Wage Center is currently processing requests filed in August and earlier for H-1B cases and those filed in July and earlier for PERM cases. The processing queue is current for cases that were appealed based on government error.Īverage PERM processing times in November: Audit reviews are being conducted on applications filed in May and earlier, and appeals filed in November and earlier are being reviewed for reconsideration. labor market, such as multinational manager/executive or person of extraordinary ability, the PERM route remains a good option.PERM processing: Applications filed in September and earlier are currently being adjudicated. For employers seeking to retain foreign nationals who don’t qualify for another green card category that does not require a test of the U.S. worker pursuant to DOL instructions and pre-written job postings.īottom line: The PERM process, in particular after the recent normalization of the prevailing wage levels, is still working rather nicely, and well-planned and prepared PERM applications continue to be certified without audit fairly reliably. There have also been reports of an uptick in the number of cases put into supervised recruitment, under which the employment must search for a qualified U.S. Increase in Audits: Anecdotal data from practitioners indicate an uptick in the volume of PERM audit requests, and increased focus of such requests on the operations of the employer, the basis for the job requirements, as well as the applicant/resume review process and U.S. This means employers and practitioners must be more mindful of foreign nationals running out of time on their nonimmigrant visas, and may have to initiate a PERM earlier. PERM processing times have slowed down to 5 to 6 months, from past 2 to 3 months. Processing Times for Prevailing Wage Determinations are up: In practice, processing times for issuance of prevailing wage determinations are between 4 to 5 months, up from 2 to 3 months in 2019 and early 2020. Other employers say it’s better than no guidance. Not all employers find this helpful as some buildings do not permit such postings on exterior surfaces. ĬOVID Guidance on Posting Notices: The Office of Foreign Labor Certification (OFLC) confirmed during stakeholder meetings over the summer that an employer wanting to post the PERM wall notice of filing at a corporate office that is closed due to the COVID-19 pandemic and is requiring employees to work remotely, can post the notice on the outside of the office or building. The eliminates the need to send the old blue paper printout to the employer’s representative and the foreign national for signature and return in hard copy. ![]() ![]() Įmailed PERM Approvals Accepted Permanently by USCIS: As of Septememployers and practitioners can permanently submit a printout of an electronically (via email) received certified PERM application, Form 9089, with the I-140 immigrant petition to USCIS. ![]() This has essentially eliminated the need to request use of a published private or custom wage survey from one of the many vendors, and PERM wage analysis and preparation has returned to normal. OES/SOC wage data is now back to the (generally substantially lower) Jlevels, and employers and practitioners are receiving re-determinations from the NPWC based on that wage data within a few weeks of requesting a re-determination. #PERM PROCESSING TIME 2021 CODE#Prevailing Wages Returned to July 2020 Levels: DOL The DOL’s Octoefforts to substantially increase the Occupation Employment Survey/Standard Occupation Code (OES/SOC) prevailing wages levels required to obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC) for a PERM application failed after successful federal litigation. Below are the top 5 developments employers and practitioners have been facing with respect to PERM preparation and filing: Department of Labor (DOL) efforts to change the prevailing wage system, and an apparent increase in scrutiny of PERM applications, have all contributed to a change in the PERM landscape. The COVID-19 pandemic combined with high unemployment rates, as well as U.S. #PERM PROCESSING TIME 2021 HOW TO#There are several noteworthy developments in the PERM labor certification world requiring employers and practitioners to rethink how to time PERM applications and to (once again) adapt their processes front-to-end. ![]()
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