Labor Immigration Law

United States Labor Immigration Law News and Analysis

PERM Articles

Current PERM Processing Times (December 2, 2014)

Our office handles a substantial number of ETA Form 9089 – Permanent Labor Certification (“PERM”) applications and we are closely monitoring the current PERM processing times not only for the benefit of our clients but also to be able to predict longer-term trends in PERM processing.

The Department of Labor (“DOL”) has provided an update on the current PERM filing and processing statistics in addition to the processing dates as of December 2, 2014.

Current PERM Processing Times

This month does not bring much change in the PERM processing times – regular PERM cases still take around five months.     The processing time of PERM applications in audit increases slightly (by a month) compared to our prior monthly report.

The processing times, as reported by DOL, are as follows:

  • Regular processing: July 2014.  DOL is processing PERM applications with priority dates of July 2014.  There is no change in the expected duration of a PERM case compared to the October 2014 report.    Accordingly, regular PERM processing times should be around five months.   Our office has experienced PERM approvals consistent with this timeline and we can confirm it.    The PERM processing times have remained steady at five months — we hope that DOL will be able to decrease their regular PERM processing times over the next months.
  • Audited applications: May 2013.  DOL is processing PERM audits which have a priority date (date of filing of the PERM application) of May 2013.  There is a slight delay of about one month in the expected PERM audit review time compared to last month’s report.    Accordingly, audited PERM applications are processed approximately 19-20 months after the initial PERM was filed and the priority date established.
  • Appealed applications (requests for reconsideration to the Certifying Officer): December 2014.  DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in December 2014.  There is no change in this category, compared to our last report.    Accordingly, PERM requests for reconsideration are processed within approximately a month after PERM appeal (motion for reconsideration to the Certifying Officer) is filed.
  • “Government error” appealed applications. DOL has indicated that PERM appeals in this category are reviewed on a 30-45 day timeline.   However, after filing an appeal, DOL does not make an indication whether a PERM appeal is accepted to be processed under the  “government error” queue or under the regular appeal queue.   As a result, DOL has indicated that the only way to know whether a PERM appeal has been accepted for processing under the “government error” queue is to wait for 45 days for response.  If the PERM appeal is reviewed within this time, this would be an indication that a PERM appeal has been accepted (and reviewed) under the “government error” queue.  If no response is received 45 days after filing of a PERM appeal, then this should be an indication that the PERM is pending under the regular appeals queue.

Conclusion

The December 2014 PERM processing times report shows that the PERM processing times remain largely unchanged over the last couple of months.  We had noticed gradual decrease in the PERM processing times earlier in the year; however, the last one or two monthly reports suggest that the processing times remain steady.      We are hopeful that the trend of improvement in the processing times would continue in the next months.

Our office has developed a great practice handling PERM filings and/or audit/appeal responses so please do not hesitate to contact us if we can help you.  Also, we will continue monitoring the PERM processing times and analyze any updates.  Please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.

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Case Processing Statistics from the Department of Labor (FY2014 Q4)

The Department of Labor has provided some updates for the fourth quarter of the Fiscal Year 2014 (July 1, 2014 to September 30, 2014) on their processing of PERM, H-1B LCA and prevailing wage determination cases and we are happy to share them with our clients and readers.

DOL Processing Statistics (Fourth Quarter, 2014 Fiscal Year)

PERM

According to the report, during the quarter, there were 21,559 new cases received (an increase of 3% from the same period in the prior year), 15,401 certified (notable decrease over the previous quarters), 1,065 denied (decrease, but in proportion of the rate of new filings) and 1,035 withdrawn (about the same as the prior quarter).

There are 59,901 applications pending as of September 30, 2014 with approximately 60% in analyst review stage (slight decrease), 30% under audit review (slight increase) and 9% on appeal (slight decrease.  It is interesting to note that there were no cases reported in supervised recruitment — we believe that this may be incorrect reporting, because there are supervised recruitment cases right now at DOL.

Prevailing Wage Determinations

The prevailing wage report provides some detailed breakdown of the rate of filings in addition to details about top employers, top occupations and top areas.   During the fourth quarter, there were approximately 37,000 prevailing wage determination requests filed — of those, 31,738 were for PERM cases (increase of 3% compared to prior year’s period), 1,558 were for H-1B cases (decrease of 14%) and 3,357 were for H-2B cases (decrease of 40%).     In terms of activity, 36,247 prevailing wage determinations were issued during the fourth quarter and the pending load has remained steady over the past quarters to about 14,619.

H-1B/LCA

The H-1B/LCA report also provides a breakdown in the rate of filings, in addition to some details about the top LCA filers and the top positions and geographic areas.    Since this quarter fell entirely outside of the H-1B cap filing season, the number of LCA filings is lower compared to other quarters during the year, and especially Q2.  Even then, there were 93,796 H-1B LCA filings in the fourth quarter.   During the quarter, there were 90,367 LCAs certified for 178,352 positions (one LCA can include more than 1 position).

According to DOL, 100% of the LCAs are processed timely within seven days of receipt.     The rate of LCA denial is fairly low (2,390 out of 100,620 determinations) and the main reasons remain (1) FEIN mismatch or failure to verify before LCA filing  or (2) prevailing wage tracking number issues.

Conclusion

The fourth quarter of the FY2014 shows increase in the number of DOL filings in a number of categories.   It is interesting to see that the rate of PERM prevailing wage requests has been going up over the past two quarters, which is likely to translate into a higher number of PERM filings and, as a result, increase in PERM case processing times.    We are hopeful that DOL would continue to work on decreasing its load and processing times, especially for the PERM cases.    We will continue monitoring DOL processing metrics and report any notable developments and trends.      Please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.

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Current PERM Processing Times (October 6, 2014)

Our office handles a substantial number of ETA Form 9089 – Permanent Labor Certification (“PERM”) applications and we are closely monitoring the current PERM processing times not only for the benefit of our clients but also to be able to predict longer-term trends in PERM processing.

The Department of Labor (“DOL”) has provided an update on the current PERM filing and processing statistics in addition to the processing dates as of October 6, 2014.

Current PERM Processing Times

This month does not bring much change in the PERM processing times – regular PERM cases still take around five months.     The processing time of PERM applications in audit remains unchanged compared to our prior report from a month ago.

The processing times, as reported by DOL, are as follows:

  • Regular processing: May 2014.  DOL is processing PERM applications with priority dates of May 2014.  There is no change in the expected duration of a PERM case compared to the September 2014 report.    Accordingly, regular PERM processing times should be around five months.   Our office has experienced PERM approvals consistent with this timeline and we can confirm it.    We hope that this continues the trend of (slight) improvement in the processing time for PERM cases.
  • Audited applications: April 2013.  DOL is processing PERM audits which have a priority date (date of filing of the PERM application) of April 2013.  There is no change in the expected PERM audit review time compared to last month’s report.    Accordingly, audited PERM applications are processed approximately 18-19 months after the initial PERM was filed and the priority date established.
  • Appealed applications (requests for reconsideration to the Certifying Officer): October 2014.  DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in October 2014.  There is no change in this category, compared to our last report.    Accordingly, PERM requests for reconsideration are processed within approximately a month after PERM appeal (motion for reconsideration to the Certifying Officer) is filed.
  • “Government error” appealed applications. DOL has indicated that PERM appeals in this category are reviewed on a 30-45 day timeline.   However, after filing an appeal, DOL does not make an indication whether a PERM appeal is accepted to be processed under the  “government error” queue or under the regular appeal queue.   As a result, DOL has indicated that the only way to know whether a PERM appeal has been accepted for processing under the “government error” queue is to wait for 45 days for response.  If the PERM appeal is reviewed within this time, this would be an indication that a PERM appeal has been accepted (and reviewed) under the “government error” queue.  If no response is received 45 days after filing of a PERM appeal, then this should be an indication that the PERM is pending under the regular appeals queue.

Conclusion

The October 2014 PERM processing times report shows that the PERM processing times remain largely unchanged compared to a month ago.    We had noticed gradual decrease in the PERM processing times earlier in the year; however, the last one or two monthly reports suggest that the processing times remain steady.      We are hopeful that the trend of improvement in the processing times would continue in the next months.

Our office has developed a great practice handling PERM filings and/or audit/appeal responses so please do not hesitate to contact us if we can help you.  Also, we will continue monitoring the PERM processing times and analyze any updates.  Please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.

No comments

Current PERM Processing Times (September 8, 2014)

Our office handles a substantial number of ETA Form 9089 – Permanent Labor Certification (“PERM”) applications and we are closely monitoring the current PERM processing times not only for the benefit of our clients but also to be able to predict longer-term trends in PERM processing.

The Department of Labor (“DOL”) has provided an update on the current PERM filing and processing statistics in addition to the processing dates as of September 8, 2014.

Current PERM Processing Times

This month does not bring much change in the PERM processing times – regular PERM cases still take around four to five months.     The processing time of PERM applications in audit remains unchanged compared to our prior report from a month ago.

The processing times, as reported by DOL, are as follows:

  • Regular processing: April 2014.  DOL is processing PERM applications with priority dates of April 2014.  There is no change in the expected duration of a PERM case compared to the August 2014 report.    Accordingly, regular PERM processing times should be around four to five months.   Our office has experienced PERM approvals consistent with this timeline and we can confirm it.    We hope that this continues the trend of (slight) improvement in the processing time for PERM cases.
  • Audited applications: March 2013.  DOL is processing PERM audits which have a priority date (date of filing of the PERM application) of March 2013.  This is a delay of about a month compared to last month’s report.    Accordingly, audited PERM applications are processed approximately 18-19 months after the initial PERM was filed and the priority date established.
  • Appealed applications (requests for reconsideration to the Certifying Officer): September 2014.  DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in September 2014.  There is no change in this category, compared to our last report.    Accordingly, PERM requests for reconsideration are processed within approximately a month after PERM appeal (motion for reconsideration to the Certifying Officer) is filed.
  • “Government error” appealed applications. DOL has indicated that PERM appeals in this category are reviewed on a 30-45 day timeline.   However, after filing an appeal, DOL does not make an indication whether a PERM appeal is accepted to be processed under the  “government error” queue or under the regular appeal queue.   As a result, DOL has indicated that the only way to know whether a PERM appeal has been accepted for processing under the “government error” queue is to wait for 45 days for response.  If the PERM appeal is reviewed within this time, this would be an indication that a PERM appeal has been accepted (and reviewed) under the “government error” queue.  If no response is received 45 days after filing of a PERM appeal, then this should be an indication that the PERM is pending under the regular appeals queue.

Conclusion

The September 2014 PERM processing times report shows that the PERM processing times show no change in the processing times compared to a month ago with some delays in the processing times for audited PERM applications.    Over the past several months, we have observed continuing decrease (improvement) in the regular PERM processing times and on behalf of our clients, we are hopeful that this improvement trend would continue.

Our office has developed a great practice handling PERM filings and/or audit/appeal responses so please do not hesitate to contact us if we can help you.  Also, we will continue monitoring the PERM processing times and analyze any updates.  Please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.

No comments

Current PERM Processing Times (August 4, 2014)

Our office handles a substantial number of ETA Form 9089 – Permanent Labor Certification (“PERM”) applications and we are closely monitoring the current PERM processing times not only for the benefit of our clients but also to be able to predict longer-term trends in PERM processing.

The Department of Labor (“DOL”) has provided an update on the current PERM filing and processing statistics in addition to the processing dates as of August 4, 2014.

Current PERM Processing Times

This month does not bring much change in the PERM processing times – regular PERM cases still take around four to five months.     The processing time of PERM applications in audit remains unchanged compared to our prior report from a month ago.

The processing times, as reported by DOL, are as follows:

  • Regular processing: March 2014.  DOL is processing PERM applications with priority dates of March 2014.  There is no change compared to the July 2014 report.    Accordingly, regular PERM processing times should be around four to five months.   Our office has experienced PERM approvals consistent with this timeline and we can confirm it.    We hope that this continues the trend of (slight) improvement in the processing time for PERM cases.
  • Audited applications: March 2013.  DOL is processing PERM audits which have a priority date (date of filing of the PERM application) of March 2013.  There is no change compared to last month’s report.    Accordingly, audited PERM applications are processed approximately 17-18 months after the initial PERM was filed and the priority date established.
  • Appealed applications (requests for reconsideration to the Certifying Officer): August 2014.  DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in August 2014.  There is no change in this category, compared to our last report.    Accordingly, PERM requests for reconsideration are processed within approximately a month after PERM appeal (motion for reconsideration to the Certifying Officer) is filed.
  • “Government error” appealed applications. DOL has indicated that PERM appeals in this category are reviewed on a 30-45 day timeline.   However, after filing an appeal, DOL does not make an indication whether a PERM appeal is accepted to be processed under the  “government error” queue or under the regular appeal queue.   As a result, DOL has indicated that the only way to know whether a PERM appeal has been accepted for processing under the “government error” queue is to wait for 45 days for response.  If the PERM appeal is reviewed within this time, this would be an indication that a PERM appeal has been accepted (and reviewed) under the “government error” queue.  If no response is received 45 days after filing of a PERM appeal, then this should be an indication that the PERM is pending under the regular appeals queue.

Conclusion

The August 2014 PERM processing times report shows that the PERM processing times start to decrease and improve just slightly compared to a month ago.    Over the past several months, we have observed continuing decrease (improvement) in the regular PERM processing times and on behalf of our clients, we are hopeful that this improvement trend would continue.

Our office has developed a great practice handling PERM filings and/or audit/appeal responses so please do not hesitate to contact us if we can help you.  Also, we will continue monitoring the PERM processing times and analyze any updates.  Please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.

No comments

Case Processing Statistics from the Department of Labor (FY2014 Q3)

The Department of Labor has provided some updates for the third quarter of the Fiscal Year 2014 (April 1, 2014 to June 30, 2014) on their processing of PERM, H-1B LCA and prevailing wage determination cases and we are happy to share them with our clients and readers.

DOL Processing Statistics (Third Quarter, 2014 Fiscal Year)

PERM

According to the report, during the quarter, there were 20,173 new cases received (significant increase of 15% from the same period in the prior year), 21,076 certified (notable increase over the previous quarters), 1,504 denied (increase, but in proportion of the rate of new filings) and 1,097 withdrawn (slight increase over previous periods).

There are 55,427 applications pending as of June 30, 2014 with approximately 61% in analyst review stage (slight decrease), 28% under audit review (slight increase) and 10% on appeal (slight increase).  It is interesting to note that there were no cases reported in supervised recruitment — we believe that this may be incorrect reporting, because there are supervised recruitment cases right now at DOL.

Prevailing Wage Determinations

The prevailing wage report provides some detailed breakdown of the rate of filings in addition to details about top employers, top occupations and top areas.   During the third quarter, there were approximately 35,000 prevailing wage determination requests filed — of those, 31,719 were for PERM cases (increase of 9% compared to prior year’s period), 2,016 were for H-1B cases (decrease of 9%) and 1,298 were for H-2B cases (decrease of 10%).     In terms of activity, more prevailing wage determinations were issued in Q3 compared to prior quarters – 36,247 and the pending load has decreased to 14,308 applications (down by 8%).

H-1B/LCA

The H-1B/LCA report also provides a breakdown in the rate of filings, in addition to some details about the top LCA filers and the top positions and geographic areas.    Since this quarter fell entirely outside of the H-1B cap filing season, the number of LCA filings is lower compared to other quarters during the year, and especially Q2.  Even then, there were 101,629 H-1B LCA filings in the third  quarter.   During the quarter, there were 99,876 LCAs certified for 155,524 positions (one LCA can include more than 1 position).

According to DOL, 100% of the LCAs are processed timely within seven days of receipt (last year’s period metric was 99%).     The rate of LCA denial is fairly low (3,156 out of 110,562 determinations) and the main reasons remain (1) FEIN mismatch or failure to verify before LCA filing  or (2) prevailing wage tracking number issues.

Conclusion

The third quarter of the FY2014 shows increase in the number of DOL filings in a number of categories.   It is interesting to see that the rate of PERM prevailing wage requests has been going up, which is likely to translate into a higher number of PERM filings and, as a result, increase in PERM case processing times.    We are hopeful that DOL would continue to work on decreasing its load and processing times, especially for the PERM cases.    We will continue monitoring DOL processing metrics and report any notable developments and trends.      Please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.

No comments

Current PERM Processing Times (July 8, 2014)

Our office handles a substantial number of ETA Form 9089 – Permanent Labor Certification (“PERM”) applications and we are closely monitoring the current PERM processing times not only for the benefit of our clients but also to be able to predict longer-term trends in PERM processing.

The Department of Labor (“DOL”) has provided an update on the current PERM filing and processing statistics in addition to the processing dates as of July 8, 2014.

Current PERM Processing Times

Most notable is the decrease in the processing time for PERM applications – from six to four-five months for regular PERM cases.     The processing time of PERM applications in audit remains unchanged compared to our prior report from a month ago.   The processing times, as reported by DOL, are as follows:

  • Regular processing: February 2014.  DOL is processing PERM applications with priority dates of July 2014.  Accordingly, regular PERM processing times should be around four to five months.   Our office has experienced PERM approvals consistent with this timeline and we can confirm it.    There is another (welcome) improvement in the processing time for PERM cases of about one month, compared to the June 2014 report.    We are hopeful that the trend of improving processing times would continue.
  • Audited applications: February 2013.  DOL is processing PERM audits which have a priority date (date of filing of the PERM application) of February 2013.  There is change in the reported date of only one month, which means that this processing time has remain unchanged compared to the June 2014 report.   Accordingly, audited PERM applications are processed approximately 17-18 months after the initial PERM was filed and the priority date established.
  • Appealed applications (requests for reconsideration to the Certifying Officer): July 2014.  DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in July 2014.  There is no change in this category, compared to our last report.    Accordingly, PERM requests for reconsideration are processed within approximately a month after PERM appeal (motion for reconsideration to the Certifying Officer) is filed.
  • “Government error” appealed applications. DOL has indicated that PERM appeals in this category are reviewed on a 30-45 day timeline.   However, after filing an appeal, DOL does not make an indication whether a PERM appeal is accepted to be processed under the  “government error” queue or under the regular appeal queue.   As a result, DOL has indicated that the only way to know whether a PERM appeal has been accepted for processing under the “government error” queue is to wait for 45 days for response.  If the PERM appeal is reviewed within this time, this would be an indication that a PERM appeal has been accepted (and reviewed) under the “government error” queue.  If no response is received 45 days after filing of a PERM appeal, then this should be an indication that the PERM is pending under the regular appeals queue.

Conclusion

The July 2014 PERM processing times report shows that the PERM processing times start to decrease and improve slightly compared to a month ago.    Over the past several months, we saw continuing increase in the regular PERM processing times and on behalf of our clients, we are hopeful that this one-month improvement in the PERM processing times would continue the trend of improving PERM processing times..

Our office has developed a great practice handling PERM filings and/or audit/appeal responses so please do not hesitate to contact us if we can help you.  Also, we will continue monitoring the PERM processing times and analyze any updates.  Please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.

No comments

Current PERM Processing Times (June 5, 2014)

Our office handles a substantial number of ETA Form 9089 – Permanent Labor Certification (“PERM”) applications and we are closely monitoring the current PERM processing times not only for the benefit of our clients but also to be able to predict longer-term trends in PERM processing.

The Department of Labor (“DOL”) has provided an update on the current PERM filing and processing statistics in addition to the processing dates as of June 5, 2014.

Current PERM Processing Times

Most notable is the decrease in the processing time for PERM applications – from seven months down to six months for regular PERM cases.     The processing time of PERM applications in audit increases by a month compared to our prior report from a montha go.   The processing times, as reported by DOL, are as follows:

  • Regular processing: December 2013.  DOL is processing PERM applications with priority dates of December 2013.  Accordingly, regular PERM processing times should be around six months.   Our office has experienced PERM approvals consistent with this timeline and we can confirm it.    There is a (welcome) improvement in the processing time for PERM cases of about one month, compared to the May 2014 report.    We are hopeful that the trend would continue.
  • Audited applications: January 2013.  DOL is processing PERM audits which have a priority date (date of filing of the PERM application) of January 2013.  There is no change in the reported date, which means that this processing time has increased slightly, by one month, compared to the May 2014 report.   Accordingly, audited PERM applications are processed approximately 17-18 months after the initial PERM was filed and the priority date established.
  • Appealed applications (requests for reconsideration to the Certifying Officer): June 2014.  DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in June 2014.  There is no change in this category, compared to our last report.    Accordingly, PERM requests for reconsideration are processed within approximately a month after PERM appeal (motion for reconsideration to the Certifying Officer) is filed.
  • “Government error” appealed applications. DOL has indicated that PERM appeals in this category are reviewed on a 30-45 day timeline.   However, after filing an appeal, DOL does not make an indication whether a PERM appeal is accepted to be processed under the  “government error” queue or under the regular appeal queue.   As a result, DOL has indicated that the only way to know whether a PERM appeal has been accepted for processing under the “government error” queue is to wait for 45 days for response.  If the PERM appeal is reviewed within this time, this would be an indication that a PERM appeal has been accepted (and reviewed) under the “government error” queue.  If no response is received 45 days after filing of a PERM appeal, then this should be an indication that the PERM is pending under the regular appeals queue.

Conclusion

The June 2014 PERM processing times report shows that the PERM processing times start to decrease and improve slightly compared to a month ago.    Over the past several months, we saw continuing increase in the regular PERM processing times and on behalf of our clients, we are hopeful that this one-month improvement in the PERM processing times is the beginning of a welcome trend.

Our office has developed a great practice handling PERM filings and/or audit/appeal responses so please do not hesitate to contact us if we can help you.  Also, we will continue monitoring the PERM processing times and analyze any updates.  Please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.

No comments

Current PERM Processing Times (May 5, 2014)

Our office handles a substantial number of ETA Form 9089 – Permanent Labor Certification (“PERM”) applications and we are closely monitoring the current PERM processing times not only for the benefit of our clients but also to be able to predict longer-term trends in PERM processing.

The Department of Labor (“DOL”) has provided an update on the current PERM filing and processing statistics in addition to the processing dates as of May 5, 2014.

Current PERM Processing Times

Most notable is the significant processing time for PERM applications – while there is no change in the processing time (7-8 months) for regular PERM cases, we easily look back at 2-3 month processing times as recently as a year or so ago.   The processing time of PERM applications in audit remains unchanged (but significantly long) as well compared to last month.   The processing times, as reported by DOL, are as follows:

  • Regular processing: October 2013.  DOL is processing PERM applications with priority dates of October 2013.  Accordingly, regular PERM processing times should be around seven months.   Our office has experienced PERM approvals consistent with this timeline and we can confirm it.  Unfortunately, there is no significant change in the regular processing times compared to the last (February 2014) report.
  • Audited applications: January 2013.  DOL is processing PERM audits which have a priority date (date of filing of the PERM application) of January 2013.  This processing time has increased slightly compared to the February 2014 report.   Accordingly, audited PERM applications are processed approximately 16-17 months after the initial PERM was filed and the priority date established.
  • Appealed applications (requests for reconsideration to the Certifying Officer): May 2014.  DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in May 2014.  There is no change in this category, compared to our last report.    Accordingly, PERM requests for reconsideration are processed within approximately a month after PERM appeal (motion for reconsideration to the Certifying Officer) is filed.
  • “Government error” appealed applications. DOL has indicated that PERM appeals in this category are reviewed on a 30-45 day timeline.   However, after filing an appeal, DOL does not make an indication whether a PERM appeal is accepted to be processed under the  “government error” queue or under the regular appeal queue.   As a result, DOL has indicated that the only way to know whether a PERM appeal has been accepted for processing under the “government error” queue is to wait for 45 days for response.  If the PERM appeal is reviewed within this time, this would be an indication that a PERM appeal has been accepted (and reviewed) under the “government error” queue.  If no response is received 45 days after filing of a PERM appeal, then this should be an indication that the PERM is pending under the regular appeals queue.

Conclusion

The May 2014 PERM processing times report shows that the PERM processing times remain largely unchanged compared to our report from a few months ago.   Over the past several months, we have been seeing continuing increase in the regular PERM processing times and on behalf of our clients, we are hopeful that DOL would be able to control and bring down the PERM processing times especially since they were as short as two months not long ago.

Our office has developed a great practice handling PERM filings and/or audit/appeal responses so please do not hesitate to contact us if we can help you.  Also, we will continue monitoring the PERM processing times and analyze any updates.  Please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.

No comments

PERM Statistics from the Department of Labor (FY2014 Q1)

The Department of Labor has provided some updates for the first quarter of the Fiscal Year 2014 (October 1, 2013 to December 31, 2013) on their processing of PERM cases and we are happy to share them with our clients and readers.    Please note that this period reflects the period of the partial government shutdown where DOL’s operations were suspended for 16 days.

DOL Processing Statistics (First Quarter, 2014 Fiscal Year)

PERM

According to the report, during the quarter, there were 17,623 cases received (slight 3% increase from the same period in the prior year), 9,076  certified (notable decrease by about 25% from the prior year), 1,039 denied (another notable decrease) and 949 withdrawn (about 50% increase).  Since the net amount of applications filed exceeded the number of applications adjudicated, DOL’s PERM load has grown during the quarter by about 7,000 cases.  This is also evidenced by the increasing PERM processing times (see the most recent report from February 2014).

Of the pending applications at DOL, 64% are pending analyst review (major increase from a year ago when the percentage was 47), 25% are in audit (decrease from 37%), 9% are on appeal (decrease from 14%) and 1% are in sponsorship verification (at filing).  It is interesting to note that there were no cases reported in supervised recruitment — we believe that this may be incorrect reporting, because there are supervised recruitment cases right now at DOL.    It is also notable that the percentage of cases pending analyst review have increased very substantially, while the audits have decreased somewhat.

Prevailing Wage Determinations

The prevailing wage report provides some detailed breakdown of the rate of filings in addition to details about top employers, top occupations and top areas.   During the first quarter, there were approximately 29,612 prevailing wage determination requests filed — of those, 23,585 were for PERM cases (decrease of 3,000 or 8%), 1,404 were for H-1B cases (decrease of 400 or 21%) and 4,625 were for H-2B cases (notable increase of 48%).

In terms of activity, less prevailing wage determinations were issued in Q1 compared to prior quarters – 23,850 (most likely due to the government shutdown).   The number of pending applications has increased compared to a year ago significantly – there are 19,972 prevailing wage cases pending on December 31, 2013 compared to 11,519 on December 31, 2012.

H-1B/LCA

The H-1B/LCA report also provides a breakdown in the rate of filings, in addition to some details about the top LCA filers, in addition to the top positions and geographic areas.    Since this quarter fell entirely outside of the H-1B cap filing season, the number of LCA filings is low compared to other quarters during the year.    But this report was affected by the government shutdown in October 2013.    Even then, there were 67,645 H-1B LCA filings in the first quarter, an increase over the prior year’s period which may be attributed to the rush of LCA filings post-government shutdown.    During the quarter, there were 69,334 LCAs certified for 144,657 positions (one LCA can include more than 1 position).

According to DOL, 79% of the LCAs are processed timely within seven days of receipt (last year’s period metric was 99%).     The rate of LCA denial is very small (1,858 out of 79,304 determinations) and the main reasons remain (1) FEIN mismatch or failure to verify before LCA filing  or (2) prevailing wage tracking number issues.

Conclusion

The first quarter of the FY2014 was a turbulent time at DOL due to the government shutdown and the reports provided for this period reflect this.      We are hopeful that DOL would work on decreasing its load and processing times, especially for the PERM cases where the processing times have increased significantly.    We will continue monitoring DOL processing metrics and report any notable developments and trends.      Please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.

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