DOL Prevailing Wage Determinations on Hold; Delays Will Thwart Employers Ability to File PERM Applications for Employees

The Department of Labor National Prevailing Wage Center (NPWC) advises that it is not issuing prevailing wage determinations (PWDs), often a necessary beginning step in the PERM labor certification process, as it uses all of it resources to reissue some 4,000 court-ordered H-2B wage determinations. Requests for reconsideration or appeal are also on hold. This means that employers seeking to begin PERM cases must wait, even though certain cases must be filed for their H-1B workers due to AC-21 extension requirements, expiring recruitment, or other reasons. DOL advises employers to submit prevailing wage determination requests at least 60 days in advance of the employer’s initial recruitment efforts. As of this writing, it is unclear when DOL will resume PWD processing for new cases and whether any relief will be made available for PERM cases that must but cannot be filed. For now, employers are advised to plan accordingly and build additional time into the application process.

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