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Processing Times

Prevailing Wage Determination Processing Times (as of 12/31/2020)
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.

Average Number of Days to Issue Wage Determinations
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.


 

PERM Processing Times (as of 12/31/2020)
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.

Average Number of Days to Process PERM Applications
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)

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
Jan 3 - Jan 9 857 857 100%
CURRENT PROCESSING STATUS
Jan 10 - Jan 16 780 209 27%
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) 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)

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 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
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)

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

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.

 


 

CW-1 Processing Times8 (updated as of close of business 1/18/2021)
  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
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)

--
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

1,231

(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
(9,637 Workers
)

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.