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Prevailing Wage Determination Processing Times (as of 09/30/2021)

Processing Queue Request Date
CW-1 September 2021
H-1B March 2021
H-2B September 2021
PERM February 2021
  Submission Date
Redeterminations H-1B: August 2021
PERM: August 2021
Center Director Reviews CW-1: None Pending
H-1B: None Pending
H-2B: September 2021
PERM: September 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 September 2021 30 31
H-1B September 2021 158 224
H-2B September 2021 28 34
PERM September 2021 157 219

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 09/30/2021)
Processing Queue Priority Date
Analyst Review May 2021
Audit Review November 2020
Reconsideration Request to the CO May 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 September 2021 153
Audit Review September 2021 322

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 10/16/2021)

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
Oct 3 - Oct 9 153 153 100%
CURRENT PROCESSING STATUS
Oct 10 - Oct 16 100 22 22%
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) 205 21 Calendar Days
Average Number of Days to Process Incomplete Cases (cumulative over the last 2 weeks) 112 38 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 10/16/2021)

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

(96,895 Workers)

5,364 100%

3
(33 Workers)

5,361

(94,065 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%

--

67

(346 Workers)

Jun 2021

47

(643 Workers)

47 100%

--

47

(395 Workers)

Jul 20215

8

(63 Workers)

8 100%

--

8
(31 Workers)

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

5,973

(100,013 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

855

(20,640 Workers)

855 100%

9
(332 Workers)

846
(19,549 Workers)

Jul 6 - Jul 10

146
(2,531 Workers)

146 100%

--

146

(2,226 Workers)

Jul 11 - Jul 17 224
(5,231 Workers)
224 100% 7
(110 Workers)

217

(4,977 Workers)

Jul 18 - Jul 24 103
(1,980 Workers)
103 100% 2
(22 Workers)

101

(1,849 Workers)

Jul 25 - Jul 31 112
(2,064 Workers)
112 100% 7
(378 Workers)
105
(1,542 Workers)
Aug 1 - Aug 7

173

(3,536 Workers)

173 100%

6

(48 Workers)

167
(3,320 Workers)
Aug 8 - Aug 14

110

(3,400 Workers)

110 100%

13

(429 Workers)

97
(2,603 Workers)
Aug 15 - Aug 21 196
(4,581 Workers)
196 100% 14
(227 Workers)
182
(3,873 Workers)
Aug 22 - Aug 28 93
(5,066 Workers)
93 100% 15
(2,994 Workers)
78
(1,755 Workers)
Aug 29 - Sept 4 209
(13,189 Workers)
209 100% 47
(1,901 Workers)
162
(10,171 Workers)
Sept 5 - Sept 11 135
(2,286 Workers)
135 100% 26
(479 Workers)
109
(1,730 Workers)
Sept 12 - Sept 18 110
(2,027 Workers)
110 100% 43
(637 Workers)
67
(1,196 Workers)
Sept 19 - Sept 25 34
(1,561 Workers)
34 100% 27
(471 Workers)
7
(392 Workers)
Sept 26 - Oct 2 39
(1,561 Workers)
39 100% 39
(1,561 Workers)
--
Oct 3 - Oct 9 90
(3,236 Workers)
61 67.8% 61
(2,358 Workers)
--
Oct 10 - Oct 16 40
(924 Workers)
-- -- -- --
Total Cases Issued Final Decision and Positions Certified (for FY 2022 First Half Visa Cap)

2,284
(55,183 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 10/2/2021)
  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
July 368
(1,148 Workers)
369 100% 7
(40 Workers)
361
(785 Workers)
August 222
(882 Workers)
218 98.2% 84
(303 Workers)

134
(349 Workers)

September 95
(341 Workers)
94 98.9% 86
(323 Workers)
8
(7 Workers)
October 43
(136 Workers)
40 93.0% 40
(131 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

428

(1,576 Workers)

424 99.1%

156

(602 Workers)

266

(611 Workers)

Renewal of CW-1 Visas12

303

(935 Workers)

299 98.7%

61

(195 Workers)

237
(527 Workers)

TOTALS

731
(2,511 Workers
)

720 98.5%

217
(797 Positions)

503

(1,138 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.