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Processing Times

Prevailing Wage Determination Processing Times (as of 9/30/2020)
Processing Queue Request Date
CW-1 September 2020
H-1B June 2020
H-2B September 2020
PERM June 2020
  Submission Date
Redeterminations H-1B: August 2020
PERM: August 2020
Center Director Reviews CW-1: None Pending
H-1B: None Pending
H-2B: September 2020
PERM: September 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 September 2020 31 --
H-1B September 2020 108 96
H-2B September 2020 28 44
PERM September 2020 107 91

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 9/30/2020)
Processing Queue Priority Date
Analyst Review April 2020
Audit Review December 2019
Reconsideration Request to the CO June 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 September 2020 148
Audit Review September 2020 308

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 10/17/2020)

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
Oct 4 - Oct 10 162 162 100%
CURRENT PROCESSING STATUS
Oct 11 - Oct 17 110 42 38%
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) 130 20 Calendar Days
Average Number of Days to Process Incomplete Cases (cumulative over the last 2 weeks) 150 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 10/17/2020)

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 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
Jan 2020

5,618

(98,0640 Workers)

 5,618 100%

--

5,618

(93,718 Workers)
Feb 2020

339

(3,762 Workers)

 339 100%

--

339

(3,404 Workers)
Mar 2020

135

(4,728 Workers)

 135 100% --

135

(2,475 Workers)
Apr 2020

45

(509 Workers)

 45 100%

--

45

(431 Workers)
May 2020

15

(316 Workers)

 15 100%

--

15

(192 Workers)
Jun 2020

19

(228 Workers)

 19 100%

1

(2 Workers)

18

(199 Workers)
Jul 20205

6

(7 Workers)

 6 100%

1
(1 Worker)

5

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

6,175

(100,419 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

660

(16,230 Workers)

 660 100%

3

(235 Workers)

657

(15,599 Workers)

Jul 6 - 11

86

(1,890 Workers)

 86 100%

--

86

(1,719 Workers)
Jul 12 - Jul 18

193

(3,131 Workers)

 193 100%

3

(35 Workers)

190

(2,883 Workers)
Jul 19 - Jul 25

61

(1,730 Workers)

 61 100%

1

(12 Workers)

60

(1,551 Workers)
Jul 26 - Aug 1

59

(1,063 Workers)

 59 100%

--

59

(1,036 Workers)
Aug 2 - Aug 8

83

(2,136 Workers)

 83 100%

5

(172 Workers)

78

(1,964 Workers)
Aug 9 - Aug 15

43

(1,245 Workers)

 43 100%

5

(137 Workers)

 39
(939 Workers)
Aug 16 - Aug 22

77

(1,838 Workers)

 77 100%

5

(164 Workers)

 72
(1,696 Workers)
Aug 23 - Aug 29

65

(1,671 Workers)

 65 100%

21

(375 Workers)

 44
(1,224 Workers)
Aug 30 - Sep 5

89

(2,347 Workers)

 89 100%

44

(1,406 Workers)

45

(935 Workers)
Sep 6 - 12

42

(5,365 Workers)

 42 100% 42
(5,365 Workers)		 --
Sep 13 - 19 70
(2,821 Workers)		 70 100% 70
(2,821 Workers)		 --
Set 20 - 26 45
(1,503 Workers)		 45 100% 44
(1,502 Workers)

1

0 Workers)
Sep 27 - Oct 3 136
(5,176 Workers)		 136 100%

136

(5,176 Workers)

1

(0 Workers)
Oct 4 - 10

101

(3,311 Workers)

 84 83.2%

84

(2,685 Workers)

 --
Oct 11 - 17

72

(2,024 Workers)

 1 1.4%

1

(23 Workers)

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

1,335

(29,554 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 10/17/2020)
  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%

33

(104 Workers)

1,363

(2,638 Positions)
July

646

(1,957 Workers)

 646 100% 54
(234 Positions)

592

(1,090 Positions)
August

387

(1,625 Workers)

 387 100%

270

(1,329 Positions)

 117
(202 Workers)
September

197

(553 Positions)

 197 100%

181

(520 Worker)

16

(0 Workers)
October 27
(149 Positions)		 18 66.7%

18

(129 Workers)

 --
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

944

(4,339 Workers)

 931 98.6%

267

(1,650 Workers)

664

(1,754 Workers)
Renewal of CW-1 Visas12

1,730

(3,919 Workers)

 1,722 99.5%

289

(616 Workers)

1,433

(2,176 Workers)
TOTALS

2,673
(8,257 Workers)

 2,653 99.3%

556

(2,316 Workers)

2,097

(3,930 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.