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ARTICLE · 07 JANUARY 2021

2021 PERM Labor Certification Updates: Processing Times Increase, COVID Accommodations Continue & Prevailing Wages Are Back To Normal

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)...

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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

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