The Department of Labor (“DOL”) has provided an update on the current PERM filing and processing statistics in addition to the processing dates as of November 6, 2013. This processing times report is the first to be released after the 16-day government shutdown in October 2013 so the processing times are affected by DOL being closed for close to three weeks.
Current PERM Processing Times
Most notable, is the additional delay in the processing time for regular PERM applications — to approximately six months. The processing times, as reported by DOL, are as follows:
- Regular processing: March 2013. DOL is processing PERM applications with priority dates of March 2013. Accordingly, regular PERM processing times should be around seven to eight months.
- Audited applications: September 2012. DOL is processing PERM audits which have a priority date of September 2012. This processing time has increased by a month or so compared to last report as of September 5, 2013. Accordingly, audited PERM applications are processed approximately 14 months after the initial PERM was filed and the priority date established.
- Appealed applications (requests for reconsideration to the Certifying Officer): November 2013. DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in November 2013. There is no change in this category after there was a notable improvement in this category. Accordingly, PERM requests for reconsideration are processed within approximately a month after PERM appeal (motion for reconsideration to the Certifying Officer) is filed.
- “Government error” appealed applications. DOL has indicated that PERM appeals in this category are reviewed on a 30-45 day timeline. However, after filing an appeal, DOL does not make an indication whether a PERM appeal is accepted to be processed under the “government error” queue or under the regular appeal queue. As a result, DOL has indicated that the only way to know whether a PERM appeal has been accepted for processing under the “government error” queue is to wait for 45 days for response. If the PERM appeal is reviewed within this time, this would be an indication that a PERM appeal has been accepted (and reviewed) under the “government error” queue. If no response is received 45 days after filing of a PERM appeal, then this should be an indication that the PERM is pending under the regular appeals queue.
<Source: Capital Immigration Law Group>
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