Why Are PERM Prevailing Wage Determination Requests and PERM Application Adjudications Taking So Long?

By Andrew M. Wilson

October 31, 2022 | Immigration Blog

 AILA recently reached out to the DOL's Office of Foreign Labor Certification (OFLC) with questions about long PERM prevailing wage determination and PERM application filing processing times. (AILA Doc. No. 22101212)

These delays have been a problem for a while as both are taking eight-plus months in many cases. This has resulted in PERM cases taking 20-plus months from beginning to end and individuals running out of H-1B or L-1 time.

OFLC cited two main reasons for slow PERM prevailing wage determination and PERM application processing:

1. The high number of applications across all programs, including a record number of H-2A applications and a high volume for H-2Bs as well.

2. H-2A and H-2B filings are required to be prioritized over PERM program filings, leading to slower processing for PERM program cases.

Help could be, maybe, hopefully on the way as OFLC has submitted a budget request for FY2023 for 30 additional FTEs. Remember that these are not fee-based matters, so the DOL relies on its budget to have enough resources to meet demand.

I hope they are able to improve these processing times. Anything much longer becomes almost unworkable for PERM matters.

Disclaimer: The information in this post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from our firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

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