November 1, 2011:  Update on processing times for PERM

We are seeing about a 3 month review time for filed labor certification cases.  They continue to be reviewed on a first in/first out basis.  We are not seeing a significant number of audits.  Case processing for filed cases is running very smoothly.

For cases in the pre-filing stages, we are seeing SIGNIFICANT delays with wage determinations from the Department of Labor.  This is a national problem.  We are reluctant to start recruitment on cases until we get the wage determination back, unless we have a high level of certainty that the current wage paid to the foreign national employee will meet or exceed possible requirements from the Department of Labor.  The labor certification process is very technical, and wage problems, recruitment timelines, and other issues can sometimes necessitate starting all over again if we have wage problems. The Department of Labor recently indicated that they would have all wages up to date by mid-November, but we have not seen an increase in wage determinations.  We continue to be delayed with case processing.

To find the "official" current Department of Labor processing times, go to: http://icert.doleta.gov/, then click on "Performance Information" below the "log in" portion of the webpage.  This will give you the latest official processing dates; however, the Department of Labor does not update the site very frequently, and we usually see quicker processing times than those listed.  

Please note that collegues continue to report instances of "supervised recruitment".  Although we have not seen requests for this, the Department of Labor has requested "supervised recruitment" in other areas of the country.  A "supervised recruitment" request is where the employer must engage in additional recruitment AFTER the labor certification case is filed.  These requests are mostly affecting industries and areas of the country hard hit by layoffs.