Consultation Options

We offer a number of engagement and consultation options. Initial case evaluations and quotes are always free.

Live Chats and Webinars

We provide many opportunities for clients and readers to learn about new developments, ask questions or simply comment. Join us for our weekly live chat or our monthly (or more often) webinars.

Contact and Quote Forms

PERM

Home/PERM

PERM Processing Times (December 3, 2016)

By | 2017-05-20T21:47:00+00:00 December 8th, 2016|Articles, DOL, News, PERM|

Our office handles many 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 3, 2016. (more…)

PERM Processing Times (September 1, 2016)

By | 2017-05-20T21:47:04+00:00 September 9th, 2016|Articles, News, PERM|

Our office handles many 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 1, 2016. (more…)

Current PERM Processing Times (April 7, 2016)

By | 2017-05-20T21:47:06+00:00 April 28th, 2016|Articles, News, PERM|

Our office handles many 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 April 7, 2016. (more…)

Current PERM Processing Times (January 4, 2016)

By | 2017-05-20T21:47:07+00:00 January 21st, 2016|Articles, DOL, News, PERM|

Our office handles many 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 January 4, 2016. (more…)

PERM, H-1B and Prevailing Wage Case Processing Statistics from the Department of Labor (FY2015 Q4)

By | 2017-05-20T21:47:08+00:00 November 5th, 2015|Articles, DOL, H-1B, News, PERM|

The Department of Labor has provided some updates for the fourth quarter of the Fiscal Year 2015 (July 1 to September 30, 2015) 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, 2015 Fiscal Year)

PERM

According to the PERM case report, during the quarter, there were 23,203 new cases received (an increase of 5% from the prior quarter but a 17% increase in the number of filing compared to the fourth quarter of the year prior – fiscal year 2014), 24,853 certified (notable increase of 40% compared to the prior quarter), 2,008 denied (slight increase compared to the previous quarter)  and 1,096 withdrawn (about the same as the prior quarter).

There are 58,926 applications pending as of September 30, 2015 which is notable decrease of about 15% compared to the prior quarter.   Out of these cases, approximately 77% are in analyst review stage (increase by several percentage points), 13% under audit review (significant decrease, from 22% three months ago) and 9% on appeal (no change).

CILG Comment:  these numbers indicate that the rate of filings and approvals has increased while the rate of cases in audit has decreased while denials have remained steady.   This suggests that DOL is continuing to put efforts on clearing audit cases but also that an increasing number of cases are being approved without an audit (at least during the last quarter).

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 43,000 prevailing wage determination requests filed — of those, 37,757 were for PERM cases (increase of 6% compared to the previous quarter but increase of 17% compared to the prior year’s period), 1,271 were for H-1B cases (decrease of 10% over from the prior year) and 4,211 were for H-2B cases (increase of 29% year-over-year).     In terms of activity, 35,677 prevailing wage determinations were issued during the third quarter and the pending load has increased from 23528 to 28,375 (or by about 94% compared to the previous year).

CILG Comment:   we are seeing a notable increase and trend in the rate of prevailing wage filings, especially for PERM cases.  The fact that the pending prevailing wage cases has doubled compared to the prior year’s period suggests that there will be longer prevailing wage wait times and, possibly, a higher number of PERM applications resulting in longer PERM processing  times.

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.    The number of LCA filings is lower compared to other quarters during the year, and especially Q2 of 2015 (which included the H-1B cap season).  Even then, there were 103,142  H-1B LCA filings in the fourth quarter, noting a slight decrease from 115,837 LCAs filed during the third quarter of the year.   However, compared to the same period of last year, there is a ten percent increase in the number of LCA filings.  During the quarter, there were 100,801 LCAs certified for 207,115 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 (1,880 out of 110,925 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 FY2015 shows a notable increase in PERM filings and PERM approvals.   The rate of audits has gone down slightly.    There were more prevailing wage filings for PERM cases which will ultimately translate to increased number of PERM filings.   We are hopeful that DOL would continue to work on decreasing its load and processing times, especially for the PERM cases (see the most recent PERM processing times report).   There were also more LCAs, most likely attributed to the Simeio decision and subsequent USCIS policy regarding H-1B amendments for worksite changes.

We will continue monitoring DOL processing metrics and report any notable developments and trends.      Please visit us again, contact us, or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.

Current PERM Processing Times (October 6, 2015)

By | 2017-05-20T21:47:08+00:00 October 13th, 2015|Articles, DOL, News, PERM|

Our office handles many 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, 2015. (more…)

Current PERM Processing Times (August 31, 2015)

By | 2017-05-20T21:47:10+00:00 September 3rd, 2015|Articles, News, PERM|

Our office handles many 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 31, 2015.

Current PERM Processing Times

The processing times report by DOL for this month suggests slight decrease (improvement) in the regular and audit PERM processing times compared to the last couple of months.    Regular PERM cases should take around six to seven months now.

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

  • Regular processing: February 2015.  DOL is processing PERM applications with priority dates of February 2015.  This report suggests that the processing times have improved slightly.   Accordingly, regular PERM processing times should be around six to seven months.   Our office has experienced PERM approvals consistent with this timeline and we can confirm it.    The PERM processing times have remained steady at around seven mnths over the last few months and we hope this slight improvement is a sign that DOL will be able to decrease their regular PERM processing times over the next months.
  • Audited applications: June 2014.  DOL is processing PERM audits which have a priority date (date of filing of the PERM application) of June 2014.  This processing times report indicates that DOL is working more aggressively on decreasing the (already long) PERM audit backlog.    Accordingly, audited PERM applications are processed approximately 15 months after the initial PERM was filed and the priority date established.
  • Appealed applications (requests for reconsideration to the Certifying Officer): June 2015.  DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in June 2015.  This metric remains unchanged (after an increase over the summer).  Currently, it may take 2 to 3 months to hear from the Certifying Officer after a PERM case is denied and a request for appeal is sent to the Certifying Officer.
  • “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 2015 PERM processing times report shows that the PERM processing times are mostly unchanged but with a hint (and a hope) of a trend suggesting decrease in the PERM regular review and audit processing times.     We are hopeful that DOL will be able to work on continuing this trend and bringing the PERM processing times down over  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.

Current PERM Processing Times (July 9, 2015)

By | 2017-05-20T21:47:10+00:00 July 30th, 2015|Articles, News, PERM|

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 9, 2015.

Current PERM Processing Times

The processing times report by DOL for this month suggests slight increase in the PERM processing times compared to the last couple of months.    Regular PERM cases should take around seven months.

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

  • Regular processing: December 2014.  DOL is processing PERM applications with priority dates of December 2014.  This report suggests that the processing times remain largely unchanged.   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.    The PERM processing times have increased over the last few months – from around five to seven months — we hope that DOL will be able to change this trend and decrease their regular PERM processing times over the next months.
  • Audited applications: March 2014.  DOL is processing PERM audits which have a priority date (date of filing of the PERM application) of March 2014.  This processing times report indicates that DOL is working more aggressively on decreasing the (already long) PERM audit backlog.    Accordingly, audited PERM applications are processed approximately 15 months after the initial PERM was filed and the priority date established.
  • Appealed applications (requests for reconsideration to the Certifying Officer):May  2015.  DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in May 2015.  There is an increase in this metric – only a few months ago it used to take 30-45 days to hear from the Certifying Officer.  Now, it may take 2 to 3 months to hear from the Certifying Officer after a PERM case is denied and a request for appeal is sent to the Certifying Officer.
  • “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 2015 PERM processing times report shows that the PERM processing times are largely unchanged but the PERM audit processing times are decreasing.     e are hopeful that DOL will be able to work on reversing this trend and start bringing the PERM processing times down over  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.

PERM, H-1B and Prevailing Wage Case Processing Statistics from the Department of Labor (FY2015 Q3)

By | 2017-05-20T21:47:10+00:00 July 30th, 2015|Articles, H-1B, News, PERM|

The Department of Labor has provided some updates for the third quarter of the Fiscal Year 2015 (April 1, 2015 to June 30, 2015) 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, 2015 Fiscal Year)

PERM

According to the PERM case report, during the quarter, there were 20,289 new cases received (an increase of 5% from the prior quarter and almost exactly the same number of filing compared to the third quarter of the year prior), 16,890 certified (slight decrease over the previous quarter), 2,151 denied (significant increase of more than double compared to prior quarters based on comparable number of applications)  and 1,029 withdrawn (about the same as the prior quarter).

There are 63,097 applications pending as of June 28, 2015 which is largely unchanged compared to recent quarters .   Out of these cases, approximately 68% are in analyst review stage (increase by several percentage points), 22% under audit review (significant decrease, from 30% six months ago) and 9% on appeal (slight increase).

CILG Comment:  while these numbers indicate that the rate of filings and approvals remains more or less unchanged, the percentage of cases in audit stage has dropped significantly while the rate of denial has doubled.   This suggests that DOL is putting more effort on clearing audit cases and subsequently denying more PERM applications.

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 39,000 prevailing wage determination requests filed — of those, 35,658 were for PERM cases (increase of 16% compared to prior year’s period), 1,771 were for H-1B cases (decrease of 7%) and 1,422 were for H-2B cases (increase of 31% year-over-year).     In terms of activity, 30,164 prevailing wage determinations were issued during the third quarter and the pending load has increased from 16,958  during the prior quarter to 23,528 in the third quarter of FY2015 which also represents an increase of 64% compared to the prior year’s period.

CILG Comment:   we are seeing a notable increase in the rate of prevailing wage filings, especially for PERM cases which is likely to result in a higher number of PERM applications and, ultimately, longer PERM processing  times.   Additionally, the number of prevailing wage applications pending at DOL is significantly higher, which suggests longer prevailing wage request wait times.

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 of 2015.  Even then, there were 115,837  H-1B LCA filings in the third quarter, noting a significant decrease from the almost 300,000 LCAs filed during the second quarter of the year (due to the H-1B cap season).   However, compared to the same period of last year, there is a fifteen percent increase in the number of LCA filings.   During the quarter, there were 114,984 LCAs certified for 223,859 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 (2,678 out of 126,307 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 FY2015 shows a significant increase in the number of DOL filings in a number of categories.  Perhaps most notable is increase in the PERM denial rate, likely as a result of DOL’s efforts to decrease the share of PERM cases in audit stage.   Similarly, the PERM prevailing wage requests and the overall number of pending prevailing wage applications pending rose significantly over the prior year period, signaling continued strong rate of upcoming PERM filings and possibly longer prevailing wage processing times.   Thus, in turn, is likely to translate increase in the 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 (see the most recent PERM processing times report).

We will continue monitoring DOL processing metrics and report any notable developments and trends.      Please visit us again, contact us, or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.

Current PERM Processing Times (June 1, 2015)

By | 2017-05-20T21:47:11+00:00 June 10th, 2015|Articles, News, PERM|

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 1, 2015.

Current PERM Processing Times

The processing times report by DOL for this month suggests slight increase in the PERM processing times compared to the last couple of months.    Regular PERM cases should take around seven months.

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

  • Regular processing: November 2014.  DOL is processing PERM applications with priority dates of November 2014.  This report suggests that there is a slowdown in the processing times for regular PERM cases.  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.    The PERM processing times have increased over the last few months – from around five to seven months — we hope that DOL will be able to change this trend and decrease their regular PERM processing times over the next months.
  • Audited applications: December 2013.  DOL is processing PERM audits which have a priority date (date of filing of the PERM application) of December 2013.  This processing times report has remained more or less consistent over the last few months.    Accordingly, audited PERM applications are processed approximately 18 months after the initial PERM was filed and the priority date established.
  • Appealed applications (requests for reconsideration to the Certifying Officer): April  2015.  DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in April 2015.  There is an increase in this metric – only a few months ago it used to take 30-45 days to hear from the Certifying Officer.  Now, it may take 2 to 3 months to hear from the Certifying Officer after a PERM case is denied and a request for appeal is sent to the Certifying Officer.
  • “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 2015 PERM processing times report shows that the PERM processing times are increasing over the last couple of months.   We had noticed gradual increase in the PERM processing times earlier in the year and it appears that this trend of gradual increase in the processing times continues.      We are hopeful that DOL will be able to work on reversing this trend and start bringing the PERM processing times down over  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.