FY2023
showed record numbers of filings in all U.S. Department of Labor’s (DOL) Office
of Foreign Labor Certification (OFLC) programs (H-2A, H-2B CW-1, PWD and PERM),
but OFLC has not received an increase in funding to manage the increased
workload. As OFLC is bound by statutory and regulatory timeframes for
processing H-2A and H-2B cases, this has led to increased ETA Form 9141 and ETA
Form 9089 processing times and requires shifting of resources from ETA Form
9141 and ETA Form 9089 programs to H-2A and H-2B programs. ETA Form 9141
filings have increased but OFLC is doing what they can to process those requests,
with the end goal to keep processing times stable and predictable so filers can
estimate when they can expect to receive a PWD. As of June 12, 2024,
approximately 5,000 PERM applications remain in the legacy system for Analyst
Review and approximately 160,000 PERMs are currently pending in FLAG.
DOL explains why Prevailing Wages and Labor Certifications are taking so long
FY2023 showed record numbers of filings in all U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) programs (H-2A, H-2B CW-1, PWD
September 28, 2024