DOL released H-1B and PERM processing data (pdf) covering a two year period from 2007 to 2009. As expected, DOL’s PERM processing times continue to lag, and DOL reported that, as of September 2009, it completed processing of only 11% of PERM cases within six months of filing. In comparison, in FY 2008, DOL processed 92% of PERM cases within six months of filing. DOL explains that the marked degradation in performance was due to a rapid increase in the number of PERM cases selected for audit. Please note that a case is considered “processed” by DOL if it is certified, denied, or withdrawn. PERM cases selected for audit are considered to be “in process” until a final decision is issued by DOL.

DOL also reported that it processed only 89% of H-1B Labor Condition Applications (LCAs) within seven days of filing, even though federal law requires DOL to process LCAs within seven days. The LCA processing times appear to have dropped when the iCERT filing system was made mandatory in June 2009. Prior to June, the DOL’s performance in LCA processing was 100% processed within seven days of filing. DOL attributed the reduction in performance to an expansion in “data integrity activities, which continue to identify applications with errors or duplicates.” It is unclear how the DOL is identifying “duplicates,” as there is no identifying information on the sponsored worker on the LCA form.

DOL’s solution to its poor PERM performance appears is to redefine its performance metrics. DOL’s performance target for PERM, which was previously 71% of cases completed within six months of filing, is now 80% of cases completed within nine months of filing. This new performance measure suggests that PERM processing times will continue to lengthen. DOL reports on its iCERT webpage that it is now working on PERM cases filed in June 2009.

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