PWD Processing time 2024

As an employer or foreign worker, you’re likely familiar with the critical role of Prevailing Wage Determinations (PWDs) in the immigration process. The PWD processing time has become a focal point for many, impacting timelines and strategies for employment-based visa applications. With the Department of Labor (DOL) facing an ever-increasing workload, understanding the current landscape and future trends of PWD processing times is essential for your planning and decision-making.

In this article, you’ll gain insights into the current PWD processing times and the factors that affect them. We’ll explore how these timelines affect employers and discuss strategies to handle delays. Additionally, you’ll learn about predictions for PWD processing in 2024, including potential changes in PERM processing times and their impact on H-1B and EB-2 visa applications. By the end, you’ll be better equipped to navigate the complex world of labor certifications and immigration processes.

Current PWD Processing Times Overview

You might be wondering about the current state of Prevailing Wage Determination (PWD) processing times. The Department of Labor (DOL) has been facing significant challenges in managing the increasing workload, which has led to extended processing periods. Let’s break down the current situation to give you a clearer picture.

OES Wage Processing

As of the latest update, the National Prevailing Wage Center (NPWC) is processing PWDs filed in November 2023 for Occupational Employment Statistics (OES) wages. This means that if you submitted your PWD request based on OES wages in November 2023, it’s likely being reviewed now. The average processing time for these applications is about five months, which is a considerable improvement from previous years.

It’s important to note that these processing times are what the DOL considers to be within normal ranges. This means that some PWDs might be processed and issued sooner, depending on various factors. If you’re planning to submit a PWD request, you should factor in this timeline to avoid delays in your overall immigration process.

Non-OES Wage Processing

For non-OES wages, which include private wage surveys, the NPWC is currently processing PWDs that were filed in March 2023. This represents a significant backlog compared to OES wage processing. The longer processing time for non-OES wages is due to the additional complexity involved in reviewing and verifying private wage surveys.

If you’re considering using a private wage survey for your PWD request, you should be prepared for a longer wait time. The current processing time for non-OES wages is approximately nine months from the date of submission. This extended timeline can have a substantial impact on your overall immigration strategy and should be factored into your planning.

Redetermination Request Processing

In cases where you need to request a redetermination of your PWD, the NPWC is currently processing requests submitted in December 2023. This means that if you’ve recently submitted a redetermination request, you can expect a response within about three to four months.

Redetermination requests are often necessary when there’s a disagreement with the initial PWD or when circumstances have changed since the original determination. The relatively quicker processing time for redeterminations compared to initial PWD requests is encouraging for employers and foreign workers who need to address issues with their wage determinations.

It’s crucial to understand that these processing times are not set in stone and can fluctuate based on various factors, including the volume of applications received and any changes in DOL policies or procedures. The Office of Foreign Labor Certification (OFLC) regularly updates these timelines, so it’s advisable to check their website for the most current information.

As you navigate the PWD process, keep in mind that these processing times can have a significant impact on your overall immigration timeline. For H-1B visa applications and PERM labor certifications, which rely on PWDs, these delays can affect your ability to meet filing deadlines or maintain continuous employment authorization.

To mitigate the impact of these processing times, you should consider submitting your PWD request well in advance of when you’ll need it. 

For instance, the OFLC recommends that employers request a prevailing wage determination for the H-2B program at least 60 days before the date the determination is needed. Applying this principle to other visa categories can help you stay ahead of potential delays.

Factors Influencing PWD Processing Times

Several factors have an impact on the processing time for Prevailing Wage Determinations (PWDs), affecting both employers and foreign workers. Understanding these influences can help you better navigate the complexities of the immigration process and plan accordingly.

Volume of Applications

The sheer number of PWD requests received by the Department of Labor (DOL) has a significant influence on processing times. With the current high demand for foreign labor, the DOL is facing an unprecedented workload. This increased volume of applications has led to extended processing periods, particularly during peak seasons.

For instance, the National Prevailing Wage Center (NPWC) is currently processing PWDs filed in December 2023 for Occupational Employment Statistics (OES) wages, while non-OES wage requests from June 2023 are being reviewed. This backlog indicates a substantial delay in processing, with some applications taking up to seven months to be addressed.

Complexity of Cases

The intricacy of individual cases also plays a crucial role in determining PWD processing times. More complex applications often require additional scrutiny, leading to longer review periods. Factors that can increase complexity include:

1. Job type: Highly specialized or demanding job categories may undergo a more thorough review process.
2. Location: Areas with high immigration volumes might experience longer processing times due to the concentration of applications.
3. Additional requirements: Positions with extensive experience, education, or skill requirements can result in higher wage levels, necessitating more detailed evaluation.

Moreover, the DOL has reported an increase in Requests for Further Information (RFI) on PWDs. Many of these RFIs are considered frivolous, adding approximately three weeks to the processing time after the employer submits a response. The limited seven-day timeframe for employers to respond to these RFIs further complicates the process.

Staffing and Resource Allocation

The DOL’s ability to process PWDs efficiently is directly tied to its staffing levels and resource allocation. Several factors have contributed to challenges in this area:

1. Inadequate funding: The DOL has cited insufficient funding as a significant obstacle to improving processing times.
2. Inflation: Rising costs have further strained the DOL’s resources, impacting its ability to maintain adequate staffing levels.
3. Resource reallocation: During peak seasons for H-2A and H-2B programs, the DOL must reallocate resources from the PERM program to meet regulatory deadlines. This shift in focus can lead to longer processing times for PWDs and PERM applications.

Additionally, the implementation of the 2018 Standard Occupational Classification (SOC) has presented challenges for the Office of Foreign Labor Certification (OFLC). The lack of critical baseline information for some new SOCs has made it more difficult to determine normal requirements and wage levels for certain occupations, further contributing to processing delays.

These factors combined have resulted in extended PWD processing times, with current estimates ranging from six to seven months on average. The DOL has acknowledged these challenges and their impact on the overall immigration process, including H-1B visa applications and PERM labor certifications.

As you navigate the PWD process, it’s crucial to factor in these potential delays and plan accordingly. While improvements in processing times are unlikely in the near future due to the combination of increased workload, inadequate funding, and systemic challenges, staying informed about current trends can help you make more informed decisions regarding your immigration strategy.

Impact of Processing Times on Employers

The extended Prevailing Wage Determination (PWD) processing times have a significant influence on employers, affecting various aspects of their operations and hiring strategies. As you navigate the complexities of the immigration process, it’s crucial to understand how these delays can impact your business.

Hiring Delays

One of the most immediate effects of prolonged PWD processing times is the delay in hiring foreign workers. With current processing times for PWDs taking approximately five to six months, you may find your recruitment plans significantly disrupted. This delay can have a ripple effect on your company’s ability to fill critical positions and maintain productivity.

For instance, if you’re planning to hire an H-1B visa holder, the extended PWD processing time can push back the entire application process. This delay might cause you to miss important filing deadlines or leave key positions unfilled for longer periods. In some cases, you might even risk losing potential candidates to competitors who can offer more immediate employment opportunities.

Project Timeline Adjustments

The extended PWD processing times can also have a substantial impact on your project timelines. As an employer, you may need to make significant adjustments to accommodate these delays. For example, if you’re relying on foreign talent for a specific project, the prolonged PWD process might force you to postpone project start dates or reassign tasks to existing team members.

These adjustments can lead to increased costs and potential delays in project completion. In some cases, you might need to implement temporary solutions or hire short-term contractors to bridge the gap while waiting for the PWD process to conclude. This situation can be particularly challenging for time-sensitive projects or industries with rapidly changing market conditions.

Compliance Challenges

Navigating the compliance landscape becomes more complex with extended PWD processing times. You need to ensure that all your hiring practices and wage determinations remain in line with Department of Labor (DOL) regulations, even as you wait for official determinations.

One significant challenge is the implementation of state and local equal pay transparency (EPT) laws. These laws require you to state the minimum and maximum wage offered for a position in all job postings. However, if the PWD comes back higher than initially anticipated, you may need to redo advertisements, including the Notice of Filing, to comply with these laws. This situation can lead to additional delays and expenses, further complicating your hiring process.

Moreover, the uncertainty built into the PWD process can make it difficult for you to plan your budget effectively. If the DOL issues a higher wage than expected, you may need to adjust your salary offerings and overall project budgets accordingly.

To mitigate these challenges, you should consider starting the PWD process as early as possible. By being proactive, you can better manage potential delays and ensure compliance with all relevant regulations. Additionally, working with experienced immigration attorneys can help you navigate these complexities more effectively, minimizing the risk of errors that could lead to further delays or complications in the hiring process.

As you continue to navigate the PWD process, it’s essential to stay informed about current processing times and any changes in DOL policies. By understanding these impacts and planning accordingly, you can better manage the challenges posed by extended PWD processing times and maintain your company’s competitive edge in attracting and retaining global talent.

Strategies for Navigating PWD Delays

As you face the challenges of extended Prevailing Wage Determination (PWD) processing times, it’s crucial to develop effective strategies to minimize delays and maintain your immigration timeline. Here are some approaches you can consider to navigate these challenges successfully.

Early Application Submission

One of the most effective ways to mitigate the impact of PWD processing delays is to submit your application as early as possible. The Department of Labor (DOL) recommends that employers request a prevailing wage determination at least 60 days before it’s needed. However, given the current processing times, you should consider submitting your PWD request even earlier.

By starting the PWD process well in advance, you can create a buffer that accommodates potential delays. This proactive approach is particularly important for employees nearing their visa expiration dates. Many employers are now beginning the PERM process around 3.5 years before an employee’s visa expiration to navigate the challenges posed by current immigration backlogs.

To further streamline the process, you might consider beginning the recruitment process while awaiting the PWD. This strategy can potentially reduce the overall processing time, allowing you to file the PERM application more swiftly once the PWD is issued. However, this approach comes with risks and should be carefully evaluated with an experienced immigration attorney, especially in urgent situations.

Alternative Visa Options

Given the lengthy PWD processing times, it’s wise to explore alternative visa options that might be available to your employees. Some individuals may qualify for visa categories that don’t require a PWD, potentially offering a faster path to employment authorization or permanent residency.

For instance, employees with exceptional abilities or advanced degrees might be eligible for the EB-1A immigrant visa or a National Interest Waiver. These options bypass the PERM process entirely, potentially saving significant time and resources. It’s crucial to work with an experienced immigration attorney to determine if your employees qualify for these alternative routes.

Additionally, for H-1B visa holders, there’s a provision that allows for visa extension beyond the six-year limit if their PERM or I-140 petition has been pending for at least 365 days. This option can provide valuable additional time while navigating the PWD and PERM processes.

Leveraging Premium Processing

While premium processing is not available for PWDs or PERM applications, you can still use this service strategically in your overall immigration process. Once the PERM application is approved, you may want to consider filing the I-140 petition with premium processing, especially in urgent situations.

Premium processing allows the U.S. Citizenship and Immigration Services (USCIS) to adjudicate the I-140 petition within 15 calendar days, significantly expediting this stage of the process. This can be particularly beneficial if you’re trying to secure an employee’s status quickly after a lengthy PWD and PERM process.

However, it’s important to note that premium processing is only available for certain visa categories and doesn’t apply to the actual green card application (I-485). Always consult with your immigration attorney to determine if premium processing is appropriate for your specific case.

By implementing these strategies, you can better navigate the challenges posed by PWD processing delays. Remember to stay informed about current processing times, maintain meticulous documentation, and work closely with experienced immigration counsel to ensure the best possible outcome for your employees and your organization.

2024 Predictions for PWD Processing

As you look ahead to 2024, several factors are expected to influence the Prevailing Wage Determination (PWD) processing times. The Department of Labor (DOL) is likely to implement changes that could have a significant impact on employers and foreign workers navigating the immigration process.

Potential Policy Changes

The DOL has announced plans to revise the permanent labor certification (PERM) process, which includes PWD processing. These changes aim to streamline the program, improve the employer experience, and speed up the processing of labor certification applications. One significant development is the transition of the PERM program to the Foreign Labor Application Gateway (FLAG) system.

This move is expected to bring about several improvements:

1. A revised Form ETA-9089 that aligns with the Form ETA-9141 prevailing wage determination in the FLAG system.
2. Autopopulation of certain responses, reducing manual data entry for employers.
3. Streamlined data collection and processing based on varying recruitment requirements.

These changes could potentially lead to faster PWD processing times, as the new system is designed to be more efficient and transparent.

Technological Advancements

The DOL has been awarded funding for three projects under the Technology Modernization Fund (TMF), including Labor Certificate Processing Modernization and PERM Visa Modernization. These initiatives are set to have a substantial impact on PWD processing times in 2024.

Key technological advancements include:

1. Full digitization of the immigration process, creating a more seamless visa-processing experience.
2. Integration of a modernized PERM labor certification process into the FLAG digital platform.
3. Use of GSA’s Login.gov services for enhanced security.
4. Implementation of an Interagency DataHub for efficient sharing of labor certification data across agencies.

These technological improvements are expected to eliminate manual and paper-based processes, potentially reducing PWD processing times significantly. The DOL anticipates saving $2.20 million annually by reducing physical document storage, which could be reinvested in further improving the system.

Workforce Expansion Possibilities

To address the challenges in PWD processing times, the DOL may consider expanding its workforce in 2024. This expansion could be driven by several factors:

1. Recognition of changing economic and labor market conditions, especially in STEM occupations.
2. Acknowledgment of the shortfall of U.S. candidates in certain fields, particularly in engineering, computer science, and mathematics doctoral programs.
3. Potential expansion of the definition of STEM to include skilled technical workforce (STW) occupations.

These factors may lead to an increased demand for foreign workers, necessitating a larger workforce at the DOL to handle PWD processing more efficiently.

However, it’s important to note that while these predictions suggest potential improvements in PWD processing times for 2024, actual changes may vary. Factors such as the volume of applications, complexity of cases, and implementation challenges of new systems could affect the pace of improvement.

As you prepare for 2024, it’s crucial to stay informed about these potential changes and their implications for your PWD applications. Keep monitoring DOL announcements and consider consulting with experienced immigration attorneys to navigate the evolving landscape of PWD processing effectively.

Conclusion

The landscape of Prevailing Wage Determination processing times has a significant impact on employers and foreign workers alike. The current delays, influenced by factors such as application volume and case complexity, pose challenges for hiring strategies and project timelines. To navigate these hurdles, employers are adopting proactive approaches like early application submission and exploring alternative visa options. These strategies aim to mitigate the effects of extended processing times and maintain a competitive edge in attracting global talent.

Looking ahead to 2024, there’s hope for improvements in PWD processing. The Department of Labor’s plans to revamp the PERM process and implement technological advancements could lead to more efficient handling of applications. While these changes show promise, it’s crucial to stay informed about evolving policies and potential workforce expansions. By keeping an eye on these developments and working closely with experienced immigration attorneys, employers can better prepare to tackle the challenges and opportunities that lie ahead in the ever-changing world of labor certifications and immigration processes.