Processing Times
| Processing Queue | Request Date |
|---|---|
| CW-1 | December 2020 |
| H-1B | July 2020 |
| H-2B | December 2020 |
| PERM | July 2020 |
| Submission Date | |
| Redeterminations | H-1B: December 2020 PERM: November 2020 |
| Center Director Reviews | CW-1: December 2020 H-1B: None Pending H-2B: December 2020 PERM: November 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.
| Program | Month | OES (Calendar Days) | Non-OES (Calendar Days) |
|---|---|---|---|
| CW-1 | December 2020 | 33 | 31 |
| H-1B | December 2020 | 134 | 138 |
| H-2B | December 2020 | 27 | 36 |
| PERM | December 2020 | 130 | 113 |
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.
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | June 2020 |
| Audit Review | February 2020 |
| Reconsideration Request to the CO | August 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.
| Determinations | Month | Calendar Days |
|---|---|---|
| Analyst Review | December 2020 | 175 |
| Audit Review | December 2020 | 317 |
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 1/18/2021)
| Case Receipt Week | Total Cases Submitted1 | Total Cases Issued First NOA or NOD | Percent Receipt Week Issued NOA or NOD |
|---|---|---|---|
| MOST RECENT WEEK COMPLETED | |||
| Jan 3 - Jan 9 | 857 | 857 | 100% |
| CURRENT PROCESSING STATUS | |||
| Jan 10 - Jan 16 | 780 | 209 | 27% |
| Processing Activity | Total Cases | Current Status |
|---|---|---|
| Average Number of Days to Process Complete2 Cases (cumulative over the last 2 weeks) | 437 | 27 Calendar Days |
| Average Number of Days to Process Incomplete Cases (cumulative over the last 2 weeks) | 130 | 27 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 1/18/2021)
| STEP 1 | STEP 2 | STEP 3 | STEP4 | ||
|---|---|---|---|---|---|
| Filing Window | Total Cases Submitted3 & 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 |
| July 2020 |
1,059 (24,044 Workers) |
1,059 | 100% |
2 (151 Workers) |
1,057 (22,920 Workers) |
| Aug 2020 |
275 (7,085 Workers) |
275 | 100% |
3 (115 Workers) |
272 (6,863 Workers) |
| Sept 2020 |
257 (12,669 Workers) |
257 | 100% | -- |
257 (12,219 Workers) |
| Oct 2020 |
329 (11,379 Workers) |
329 | 100% |
2 (55 Workers) |
327 (10,457 Workers) |
| Nov 2020 |
166 (3,292 Workers) |
166 | 100% |
3 (25 Workers) |
163 (3,008 Workers) |
| Dec 2020 |
149 (3,004 Workers) |
149 | 100% |
72 (1,585 Workers) |
77 (1,377 Workers) |
| Jan 20215 |
9 (131 Workers) |
4 | 44.4% |
4 (81 Workers) |
-- |
| Total Cases Issued Final Decision and Positions Certified (for FY 2021 First Half Visa Cap) |
2,154 (60,589 Workers) |
||||
| 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 |
|
Jan 1-3 Group A |
2,007 (34,813 Workers) |
1,816 | 90.5% |
1,816 (31,274 Workers) |
-- |
|
Jan 1-3 Group B |
1,039 (19,819 Workers) |
0 | -- |
-- |
-- |
| Jan 1-3 Group C |
1,056 (19,888 Workers) |
0 | -- |
-- |
-- |
| Jan 1-3 Group D |
1,116 (19,814 Workers) |
0 | -- |
-- |
-- |
| Jan 1-3 Group E |
110 (1,604 Workers) |
0 | -- |
-- |
-- |
| Jan 4 - Jan 9 |
65 (1,455 Workers) |
0 | -- |
-- |
-- |
| Jan 10 - Jan 16 |
78 (1,024 Workers) |
0 | -- | -- | -- |
| Jan 17 - Jan 23 |
3 (53 Workers) |
0 | -- | -- | -- |
| Total Cases Issued Final Decision and Positions Certified (for FY 2021 Second Half Visa Cap) |
0 (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.
| STEP 1 | STEP 2 | STEP 3 | STEP4 | ||
|---|---|---|---|---|---|
| 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 |
| June |
1,416 (3,973 Workers) |
1,416 | 100% |
1 (2 Workers) |
1,415 (2,641 Positions) |
| July |
645 (1,954 Workers) |
645 | 100% | 1 (3 Positions) |
644 (1,136 Positions) |
| August |
339 (1,530 Workers) |
339 | 100% |
1 (1 Positions) |
338 (1,120 Workers) |
| September |
174 (500 Positions) |
174 | 100% |
-- |
174 (252 Workers) |
| October | 83 (470 Positions) |
83 | 100% |
-- |
83 (392 Workers) |
| November |
198 (612 Workers) |
198 | 100% |
16 (57 Workers) |
182 (477 Workers) |
| December |
121 (436 Workers) |
121 | 100% |
86 (301 Workers) |
35 (116 Workers) |
| January |
43 (160 Workers) |
39 | 90.7% |
39 (117 Workers) |
-- |
| 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 |
1,231 (5,596 Workers) |
1,227 | 99.7% |
109 (414 Workers) |
1,118 (3,623 Workers) |
| Renewal of CW-1 Visas12 |
1,788 (4,041 Workers) |
1,788 | 99.9% |
35 (67 Workers) |
1,753 (2,511 Workers) |
| TOTALS |
3,019 |
3,015 | 99.9% |
144 (481 Workers) |
2,871 (6,134 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.