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