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Processing Times

Prevailing Wage Determination Processing Times (as of 6/30/2020)

Processing Queue Request Date
CW-1 June 2020
H-1B March 2020
H-2B June 2020
PERM March 2020
  Submission Date
Redeterminations H-1B: May 2020
PERM: May 2020
Center Director Reviews CW-1: May 2020
H-1B: June 2020
H-2B: None Pending
PERM: June 2020

The above dates reflect the month and year in which applications were filed (request date) or submission date of the appeal request for Redeterminations or Center Director Review. The Office of Foreign Labor Certification (OFLC) encourages employers to request a prevailing wage determination for the H-2B program at least 60 days before the date the determination is needed.

Average Number of Days to Issue Wage Determinations

Program Month OES (Calendar Days) Non-OES (Calendar Days)
CW-1 June 2020 31 31
H-1B June 2020 87 98
H-2B June 2020 26 32
PERM June 2020 87 83

These processing times indicate the average processing time for all prevailing wage applications for the most recent month. Actual processing times for each employer’s prevailing wage application may vary from the average depending on material facts and individual circumstances of the case.


PERM Processing Times (as of 6/30/2020)

Processing Queue Priority Date
Analyst Review March 2020
Audit Review September 2019
Reconsideration Request to the CO May 2020

These dates reflect the month and year in which cases were filed and are currently being adjudicated. The Reconsideration Request to the CO date reflects the month and year in which cases that are currently being reviewed were appealed. For various reasons, OFLC may be completing the processing of applications filed prior to the month posted. If your application was filed more than three months prior to the month posted, you may contact the OFLC PERM Helpdesk for a status on the application at plc.atlanta@dol.gov.

Average Number of Days to Process PERM Applications

Determinations Month Calendar Days
Analyst Review June 2020 121
Audit Review June 2020 298

These dates reflect the amount of time to process applications. Actual processing times for each employer’s PERM application may vary from the average depending on material facts and individual circumstances of the case. OFLC is reporting the average processing time for all PERM applications for the most recent month.


H-2A Processing Times (updated as of close of business 7/25/2020)

I. Issuance of Initial Notices of Acceptance (NOA) or Deficiency (NOD)

Case Receipt Week Total Cases Submitted1 Total Cases Issued First NOA or NOD Percent Receipt Week Issued NOA or NOD
MOST RECENT WEEK COMPLETED
Jul 12 - Jul 18 172 172 100%
CURRENT PROCESSING STATUS
Jul 19 - Jul 25 113 34 30%

II. Average Case Processing Times (measured in calendar days)

Processing Activity Total Cases Current Status
Average Number of Days to Process Complete2 Cases (cumulative over the last 2 weeks) 248 26 Calendar Days
Average Number of Days to Process Incomplete Cases (cumulative over the last 2 weeks) 154 23 Calendar Days

[1] Withdrawn and rejected applications are excluded from the total so these numbers may fluctuate.
[2] A complete H-2A application is defined as one containing all the documentation (e.g.,housing inspection report,workers'compensation,recruitment report) necessary for the OFLC Certifying Officer to issue a final determination 30 days before the start date of need.


H-2B Processing Times (updated as of close of business 7/25/2020)

Applications Received for Requested Date of Need from January 2,2020 through July 2,2020

  STEP 1 STEP 2 STEP 3 STEP4
Filing Window Total Cases Submitted& Positions Requested Total Cases Issued NOA or NOD Percent of First NOA or Total NOD Issued Total Cases Pending - Post NOA or NOD Issued4 Total Cases Issued Final Decision & Positions Certified
Jan 2020

5,618

(98,064 Workers)

5,618 100%

5

(40 Workers)

5,613

(93,710 Workers)

Feb 2020

339

(3,762 Workers)

339 100%

1

(2 Workers)

338

(3,404 Workers)

Mar 2020

135

(4,728 Workers)

135 100%

--

135

(2,475 Workers)

Apr 2020

45

(509 Workers)

44 97.8%

1

(16 Workers)

44

(431 Workers)

May 2020

15

(316 Workers)

15 100%

2

(22 Workers)

13

(192 Workers)

Jun 2020

19

(228 Workers)

19 100%

8

(30 Workers)

11

(196 Workers)

Jul 20205

8

(223 Workers)

8 100%

--

8

(193 Workers)

Total Cases Issued Final Decision and Positions Certified (for FY 2020 Second Half Visa Cap)

6,162

(100,601 Workers)

Applications Received for Requested Date of Need from October 1, 2020 through March 31, 2021

  STEP 1 STEP 2 STEP 3 STEP4
Filing Window Total Cases Submitted4 & Positions Requested Total Cases Issued NOA or NOD Percent of First NOA or Total NOD Issued Total Cases Pending - Post NOA or NOD Issued3 Total Cases Issued Final Decision & Positions Certified
July 3-5

671

(16,429 Workers)

671 100%

661

(16,181 Workers)

10 (0 Workers)

Jul 6 - 11

89

(2,012 Workers)

89 100%

89

(2,012 Workers)

--

Jul 12 - Jul 18

202

(3,320 Workers)

127 62.9%

127

(2,235 Workers)

--
Jul 19 - Jul 25

62

(1,787 Workers)

-- -- -- --
Total Cases Issued Final Decision and Positions Certified (for FY 2021 First Half Visa Cap)

10

(0 Workers)

[3] Withdrawn and rejected applications are excluded from the total so these numbers may fluctuate.
[4] Total number of pending applications that received a NOA and are actively recruiting for U.S. workers or responding to a NOD.
 


CW-1 Processing Times8 (updated as of close of business 7/25/2020)

  STEP 1 STEP 2 STEP 3 STEP 4
Month of Receipt Total Cases Submitted9 & Positions Requested Total Cases Issued NOA or NOD Percent of First NOA or Total NOD Issued Total Cases Pending - Post NOA or NOD Issued10 Total Cases Issued Final Decision & Positions Certified
October

197

(732 Workers)

197 100%

--

197

(277 Workers)

November

145

(790 Workers)

145 100%

--

145

(397 Workers)

December

119

(462 Workers)

119 100%

1
(3 Workers)

118

(182 Workers)

January

122

(456 Workers)

122 100%

--

122

(226 Workers)

February

68

(851 Workers)

68 100%

--

68

(163 Workers)

March

83

(408 Workers)

83 100%

1

(5 Workers)

82

(192 Workers)

April 832
(2,262 Workers)
832 100% 2
(3 Workers)
830
(1,660 Workers)
May 983
(3,010 Workers)
983 100% 246
 (687 Workers)
737
(1,844 Positions)
June 1,486
(4,140 Workers)
1,483 100% 1,378
(3,667 Workers)
105
(60 Positions)
July

635

(1,646 Workers)

206 32.4%

204

(426 Positions)

2

(0 Positions)

Types of Applications

  STEP 1 STEP 2 STEP 3 STEP 4
Application Type Total Cases Submitted2 & Positions Requested Total Cases Issued NOA or NOD Percent of First NOA or Total NOD Issued Total Cases Pending - Post NOA or NOD Issued3 Total Cases Issued Final Decision & Positions Certified
New CW-1 Visas11

1,294

(6,139 Workers)

1,164 90.0%

475

(1,572 Workers)

689

(1,735 Workers)

Renewal of CW-1 Visas12

3,372

(8,594 Workers)

3,074 91.2%

1,357

(3,219 Workers)

1,717

(3,453 Workers)

TOTALS

4,666
(14,733 Workers
)

4,238 90.8%

1,832

(4,791 Workers)

2,406

(5,188 Workers)

8CW-1 worker means any foreign worker who is lawfully present in the Commonwealth of the Northern Mariana Islands (CNMI) and authorized by Department of Homeland Security to perform temporary labor or services under 48 U.S.C. 1806(d).
9Figures may change slightly because applications submitted and subsequently withdrawn are excluded.
10Total number of pending applications that either received a NOA and actively recruiting for U.S. workers or responding to a NOD.
11Indicates employer is requesting to hire a foreign worker who is not already performing work in the CNMI in CW-1 visa status.
12Indicates employer is requesting to extend the employment of a foreign worker in CW-1 visa status.