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Prevailing Wage Determination Processing Times (as of 08/31/2021)

Processing Queue Request Date
CW-1 August 2021
H-1B March 2021
H-2B August 2021
PERM February 2021
  Submission Date
Redeterminations H-1B: August 2021
PERM: July 2021
Center Director Reviews CW-1: None Pending
H-1B: None Pending
H-2B: August 2021
PERM: July 2021

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 August 2021 29 29
H-1B August 2021 152 177
H-2B August 2021 29 39
PERM August 2021 152 204

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 08/31/2021)
Processing Queue Priority Date
Analyst Review April 2021
Audit Review October 2020
Reconsideration Request to the CO April 2021

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 August 2021 156
Audit Review August 2021 334

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 9/11/2021)

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
Aug 29 - Sept 4 155 155 100%
CURRENT PROCESSING STATUS
Sept 5 - Sept 11 129 36 27.9%
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) 141 21 Calendar Days
Average Number of Days to Process Incomplete Cases (cumulative over the last 2 weeks) 125 37 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 9/11/2021)

Applications Received for Requested Date of Need from April 1, 2021 through September 30, 2021
  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 2021

5,364

(96,862 Workers)

5,364 100%

6
(161 Workers)

5,358

(94,052 Workers)

Feb 2021

310

(3,397 Workers)

310 100%

--

310

(3,237 Workers)

Mar 2021

128

(1,972 Workers)

128 100%

--

128

(1,570 Workers)

Apr 2021

52

(620 Workers)

52 100%

--

52

(369 Workers)

May 2021

67

(899 Workers)

67 100%

3
(14 Workers)

64

(346 Workers)

Jun 2021

47

(643 Workers)

47 100%

5

(67 Workers)

42

(338 Workers)

Jul 20215

8

(63 Workers)

8 100%

2
(7 Workers)

6
(30 Workers)

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

5,952

(99,927 Workers)

Applications Received for Requested Date of Need from October 1, 2021 through March 30, 2022
  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

Jul 3-5 Group A

854

(20,619 Workers)

854 100%

39
(2,168 Workers)

815
(17,736 Workers)

Jul 6 - Jul 10

146
(2,531 Workers)

146 100%

10
(220 Workers)

136

(2,064 Workers)

Jul 11 - Jul 17 223
(5,231 Workers)
223 100% 26
(822 Workers)

197

(4,195 Workers)

Jul 18 - Jul 24 103
(1,980 Workers)
103 100% 21
(368 Workers)

82

(1,583 Workers)

Jul 25 - Jul 31 112
(2,064 Workers)
112 100% 33
(922 Workers)
79
(959 Workers)
Aug 1 - Aug 7

171

(3,534 Workers)

171 100%

53

(1,359 Workers)

118
(2,135 Workers)
Aug 8 - Aug 14

109

(3,388 Workers)

109 100%

76

(2,447 Workers)

33
(921 Workers)
Aug 15 - Aug 21 198
(4,700 Workers)
198 100% 157
(3,210 Workers)
41
(1,483 Workers)
Aug 22 - Aug 28 96
(5,143 Workers)
96 100% 96
(5,143 Workers)
--
Aug 29 - Sept 4 216
(13,464 Workers)
67 31% 67
(3,193 Workers)
--
Sept 5 - Sept 11 144
(2,485 Workers)
-- -- -- --
Total Cases Issued Final Decision and Positions Certified (for FY 2022 First Half Visa Cap)

1,501
(31,076 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 9/11/2021)
  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
October 83
(470 Positions)
83 100%

--

83
(392 Workers)
November

195

(608 Workers)

195 100%

--

195

(515 Workers)

December

119

(434 Workers)

119 100%

--

119

(300 Workers)

January

68

(427 Workers)

68 100%

--

68

(106 Workers)

February

90

(315 Workers)

90 100%

--

90
(223 Workers)
March 

69

(411 Workers)

69 100%

--

69
(293 Workers)
April 729
(2,108 Workers)
729 100% -- 729
(1,770 Workers)
May 622
(1,847 Workers)
622 100% -- 622
(1,382 Workers)
June 834
(3,485 Workers)
834 100% 3
(25 Workers)

831

(2,573 Workers)

July 376
(1,158 Workers)
376 100% 116
(355 Workers)
260
(607 Workers)
August 230
(909 Workers)
178 77.4% 168
(672 Workers)

10
(20 Workers)

September 40
(118 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

1,454

(6,682 Workers)

1,392 95.7%

166

(593 Workers)

1,266

(4,022 Workers)

Renewal of CW-1 Visas12

2,001

(5,608 Workers)

1,971 98.5%

121

(459 Workers)

1,850

(4,159 Workers)

TOTALS

3,455
(12,290 Workers
)

3,363 97.3%

287

(1,052 Workers)

3,076

(8,181 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.