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Processing Times

US District Court Settlement Agreement Reporting Requirement

In accordance with a settlement agreement reached in a consolidated lawsuit, Purdue University, et al., v. Scalia, et al., filed in the U.S. District Court for the District of Columbia (No. 20-cv-3006) See also Stellar IT, Inc. et al. v Scalia, et al. (No. 20-cv-3175), the Office of Foreign Labor Certification is making the following reports available to keep the general public informed about the reissuance of certain Prevailing Wage Determinations (PWDs) issued under the Department of Labor's Interim Final Rule (85 FR 63872) of October 8, 2020.

As of February 16, 2021, the Office of Foreign Labor Certification has completed reissuance of Phase I and Phase II PWDs in accordance with the settlement agreement.

Phase I: High Priority PWDs

The final report on reissuance of PWDs under one or more high priority categories is available here (updated as of February 17, 2021).

Phase II: Emergency Situations

IMPLEMENTATION OF DISTRICT COURT ORDER (12/01/2020)
PWD Reissuance Request Timeframe  Requests Received
(excluding Phase I Eligible PWDs)		 Requests Processed Requests Pending*
Dec 4, 2020 - Jan 29, 2021 3,009 2,936 74

*Indicated the number of pending requests that were automatically eligible for Phase II reissuances as Emergency Situations under the Department's settlement agreement with the District Court and incorporated into the below report.

IMPLEMENTATION OF DISTRICT COURT SETTLEMENT AGREEMENT 01/22/2021)
PWD Reissuance Request Timeframe  Requests Received
(excluding Phase I Eligible PWDs)		 Requests Processed Requests Pending
Jan 30 - Feb 6 45 1 119
Feb 7 - Feb 13** 12 115 17
Feb 14 - Feb 16 -- 17 --

**In accordance with the Department's settlement agreement, February 8, 2021 was the last date for employers to affirmatively request reissuances of a PWD issued under the 2020 IFR based on an emergency situation.

Prevailing Wage Determination Processing Times (as of 04/30/2021)
Processing Queue Request Date
CW-1 April 2021
H-1B November 2020
H-2B April 2021
PERM November 2020
  Submission Date
Redeterminations H-1B: March 2021
PERM: March 2021
Center Director Reviews CW-1: None Pending
H-1B: April 2021
H-2B: April 2021
PERM: April 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 March 2021 29 29
H-1B March 2021 145 129
H-2B March 2021 27 36
PERM March 2021 143 126

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 04/30/2021)
Processing Queue Priority Date
Analyst Review October 2020
Audit Review June 2020
Reconsideration Request to the CO November 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 April 2021 221
Audit Review April 2021 348

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 5/1/2021)

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
Apr 18 - Apr 24 254 254 100%
CURRENT PROCESSING STATUS
Apr 25 - May 1 290 66 22.8%
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) 365 23 Calendar Days
Average Number of Days to Process Incomplete Cases (cumulative over the last 2 weeks) 179 34 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 5/1/2021)

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 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%

--

1,059

(22,921 Workers)
Aug 2020

275

(7,085 Workers)

 275 100%

--

275

(6,906 Workers)
Sept 2020

257

(12,669 Workers)

 257 100%

--

257

(12,219 Workers)
Oct 2020

328

(11,369 Workers)

 328 100%

--

328

(10,457 Workers)
Nov 2020

166

(3,292 Workers)

 166 100%

--

166

(3,018 Workers)
Dec 2020

146

(2,971 Workers)

 146 100%

1

(10 Workers)

145

(2,907 Workers)
Jan 20215

8

(116 Workers)

 8 100%

1

(30 Workers)

7

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

2,237

(58,443 Workers)
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 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

1,976

(34,646 Workers)

 1,976 100%

--

1,976

(34,115 Workers)

Jan 1-3 Group B

1,009

(19,082 Workers)

 1,009 100%

--

1,009

(18,736 Workers)
Jan 1-3 Group C

1,004

(19,161 Workers)

 1,004 100%

5

(32 Workers)

999

(18,639 Workers)
Jan 1-3 Group D

1,029

(18,653 Workers)

 1,029 100%

8
(168 Workers)

1,021

(18,075 Workers)
Jan 1-3 Group E

104

(1,556 Workers)

 104 100%

--

104

(1,456 Workers)
Jan 4 - Jan 9

58

(1,341 Workers)

 58 100%

--

58
(1,189 Workers)
Jan 10 - Jan 16

74

(964 Workers)

 74 100%

2

(29 Workers)

 72
(809 Workers)
Jan 17 - Jan 23

49

(613 Workers)

 49 100%

1

(10 Workers)

 48
(390 Workers)
Jan 24 - Jan 30

30

(516 Workers)

 30 100%

5

(123 Workers)

 24
(350 Workers)
Jan 31- Feb 6

129

(1,398 Workers)

 129 100%

2

(105 Workers)

 127
(1,192 Workers)
Feb 7 - 13

85

(570 Workers)

 85 100% 1
(5 Workers)		 84
(528 Workers)
Feb 14 - 20 87
(1,300 Workers)		 87 100% -- 87
(1,284 Workers)
Feb 21 - 27

34

(433 Workers)

 34 100% -- 34
(423 Workers)
Feb 28 - Mar 6

41

(587 Workers)

 41 100% -- 41
(525 Workers)
Mar 7 - Mar 13 41
(599 Workers)		 41 100% 3
(59 Workers)		 38
(415 Workers)
Mar 14 - Mar 20 16
(286 Workers)		 16 100% 2
(19 Workers)		 14
(216 Workers)
Mar 21 - Mar 27 19
(353 Workers)		 19 100% 2
(3 Workers)		 17
(272 Workers)
Mar 28 - Apr 3 22
(263 Workers)		 22 100% 9
(96 Workers)		 13
(142 Workers)
Apr 4 - Apr 10 12
(247 Workers)		 12 100% 12
(247 Workers)		 --
Apr 11 - Apr 17 14
(143 Workers)		 14 100% 12
(114 Workers)		 2
(25 Workers)
Apr 18 - Apr 24 12
(111 Workers)		 9 75% 9
(99 Workers)		 --
Apr 25 - May 1 14
(182 Workers)		 -- -- -- --
Total Cases Issued Final Decision and Positions Certified (for FY 2021 Second Half Visa Cap)

5,768

(98,781 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 5/1/2021)
  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

197

(610 Workers)

 197 100%

--

197

(517 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%

1

(1 Worker)

 89
(223 Workers)
March 

71

(413 Workers)

 71 100%

32

(96 Workers)

 39
(251 Workers)
April 761
(2,158 Workers)		 757 99.5% 747
(2,135 Workers)		 10
(1 Worker)
May 3
(5 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

528

(2,466 Workers)

 525 99.4%

75

(219 Workers)

450

(1,526 Workers)
Renewal of CW-1 Visas12

864

(2,366 Workers)

 860 99.5%

705

(2,013 Workers)

155

(264 Workers)
TOTALS

1,392
(4,832 Workers)

 1,385 99.5%

780

(2,232 Workers)

605

(1,790 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.