There are several noteworthy developments in the PERM labor
certification world requiring employers and practitioners to
rethink how to time PERM applications and to (once again) adapt
their processes front-to-end. The COVID-19 pandemic combined with
high unemployment rates, as well as U.S. Department of Labor (DOL)
efforts to change the prevailing wage system, and an apparent
increase in scrutiny of PERM applications, have all contributed to
a change in the PERM landscape. Below are the top 5 developments
employers and practitioners have been facing with respect to PERM
preparation and filing:
Prevailing Wages Returned to July 2020 Levels:
DOL The DOL's October 8, 2020 efforts to substantially
increase the Occupation Employment Survey/Standard Occupation Code
(OES/SOC) prevailing wages levels required to obtain a prevailing
wage determination from the National Prevailing Wage Center (NPWC)
for a PERM application failed after successful federal litigation.
OES/SOC