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Processing Times

Prevailing Wage Determination Processing Times (as of 5/31/2020)

Processing Queue Request Date
H-1B March 2020
H-2B May 2020
PERM March 2020
CW-1 April 2020
  Submission Date
Redeterminations H-1B: April 2020
PERM: April 2020
Center Director Reviews CW-1: May 2020
H-1B: None Pending
H-2B: None Pending
PERM: March 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 May 2020 31 31
H-1B May 2020 78 110
H-2B May 2020 26 34
PERM May 2020 78 79

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 5/31/2020)

Processing Queue Priority Date
Analyst Review January 2020
Audit Review August 2019
Reconsideration Request to the CO April 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 May 2020 129
Audit Review May 2020 302

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 5/30/2020)

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
May 17 - May 23 182 182 100%
CURRENT PROCESSING STATUS
May 24 - May 30 167 71 43%

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) 243 27 Calendar Days
Average Number of Days to Process Incomplete Cases (cumulative over the last 2 weeks) 180 32 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 5/30/2020)

Applications Received for Requested Date of Need from October 1,2019 through March 31,2020

  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 2019

732

(18,552 Workers)

732 100% --

732

(16,788 Workers)

Aug 2019

342

(7,474 Workers)

342 100% --

342

(7,467 Workers)

Sept 2019

230

(10,180 Workers)

230 100% --

230

(9,550 Workers)

Oct 2019

465

(15,261 Workers)

465 100% --

465

(14,090 Workers)

Nov 2019

275

(7,210 Workers)

275 100% --

275

(6,487 Workers)

Dec 2019

89

(2,870 Workers)

89 100% --

89

(2,340 Workers)

Jan 20205

13

(213 Workers)

13 100%

1

(6 Workers)

12

(167 Workers)

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

2,145

(57,125 Workers)

Applications Received for Requested Date of Need from April 1, 2020 through September 30, 2020

  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 2-4
Group A6

2,007

(34,846 Workers)

2,007 100%

3

(35 Workers)

2,004

(33,934 Workers)

Jan 2-4 Group B6

1,086

(19,104 Workers)

1,086 100%

--

1,086

(18,394 Workers)

Jan 2-4 Group C6

1,054

(18,964 Workers)

1,054 100%

7

(338 Workers)

1,047

(18,081 Workers)

Jan 2-4 Group D6

1,075

(18,427 Workers)

1,075 100%

10

(89 Workers)

1,065

(17,605 Workers)

Jan 2-4 Group E6

225

(4,027 Workers)

225 100%

6

(64 Workers)

219

(3,814 Workers)

Jan 2-47

2

(30 Workers)

2 100%

--

2
(30 Workers)

Jan 5-11

39

(772 Workers)

39 100%

5

(60 Workers)

34

(474 Workers)

Jan 12-18

77

(1,119 Workers)

77 100%

8

(50 Workers)

68

(841 Workers)

Jan 19-25

26

(381 Workers)

26 100%

4 (39 Workers)

22

(279 Workers)

Jan 26-Feb 1

62

(779 Workers)

62 100%

(11 Workers)

59

(533 Workers)

Feb 2-8

97

(984 Workers)

97 100%

2

(40 Workers)

95

(929 Workers)

Feb 9-15

124

(1,384 Workers)

124 100%

4

(22 Workers)

120
(1,218 Workers)
Feb 16-22

71

(867 Workers)

71 100%

1

(1 Worker)

70
(866 Workers)
Feb 23-29

20

(212 Workers)

20 100%

1

(1 Worker)

19
(211 Workers)
Mar 1-7

48

(1,656 Workers)

48 100%

--

48
(591 Workers)
Mar 8-14

30

(1,799 Workers)

30 100%

1

(20 Workers)

28
(672 Workers)
Mar 15-21

31

(1,058 Workers)

31 100%

--

31
(1,053 Workers)
Mar 22-28 15
(132 Workers)
15 100% 1
(1 Worker)
14
(96 Workers)
Mar 29 - Apr 4 25
(308 Workers)
25 100% 2
(7 Workers)
23
(281 Workers)
Apr 5-11 12
(307 Workers)
12 100% 3
(201 Workers)
9
(79 Workers)
Apr 12-18

10

(76 Workers)

10 100%

4

(23 Workers)

6 (53 Workers)
Apr 19-25

5

(58 Workers)

5 100% 2 (8 Workers 3 (49 Workers)
Apr 26-May 2 5 (61 Workers) 5 100% 3 (30 Workers) 2 (30 Workers)
May 3 - May 9 4 (122 Workers) 4 100% 2 (100 Workers) 2 (22 Workers)
May 10-May 16 No H-2B Applications Received
May 17- May 23 6 (95 Workers) 6 100% 6 (95 Workers) --
May 24 - May 30 7 (76 Workers) -- 0% -- --
Total Cases Issued Final Decision and Positions Certified (for FY 2020 Second Half Visa Cap)

6,076

(99,984 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.
[5] H-2B Applications filed in January 2020, with a Requested Start Date of Need within the FY 2020 First Half Visa Cap (October 1,2019 through March 31,2020).
[6] H-2B Applications filed from January 2, 2020 through January 4, 2020, with a Requested Start Date of Need of April 1, 2020, that were included in the randomization and assignment process.
[7] H-2B Applications received from January 2, 2020 through January 4, 2020, with a Requested Start Date of Need of April 2, 2020 or later.


CW-1 Processing Times8 (updated as of close of business 5/30/2020)

  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
October

197

(728 Workers)

197 100%

--

197

(277 Workers)

November

145

(790 Workers)

145 100%

--

145

(397 Workers)

December

119

(462 Workers)

119 100%

1

(3 Workers)

118

(182 Workers)

January

123

(457 Workers)

123 100%

--

123

(227 Workers)

February

68

(851 Workers)

68 100%

2

(206 Workers)

66

(163 Workers)

March

84

(413 Workers)

84 100%

17

(106 Workers)

67

(190 Workers)

April 871
(2,424 Workers)
871 100% 555
(1,481 Workers)
316 (744 Workers)
May 1,057 (3,166 Workers) 962 91.0% 961 (2,968 Workers) 1 (0 Positions)

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

662

(3,770 Workers)

650 98.2%

77

(336 Workers)

573

(1,432 Workers)

Renewal of CW-1 Visas12

2,002

(5,525 Workers)

1,919 95.9%

1,458

(4,228 Workers)

461

(748 Workers)

TOTALS

2,664
(9,295 Workers
)

2,569 96.4%

1,535

(4,564 Workers)

1,034

(2,180 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.