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ARTICLE · 21 SEPTEMBER 2011

Delayed Prevailing Wage Determinations

Cozen O'Connor
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Employers petitioning for prevailing wage determinations from the Department of Labor (DOL) are experiencing delays. Prevailing wage determinations are required for labor certification filings for permanent residency (PERM), and other non-immigrant visas such as the H-2B.

United StatesImmigration
Elena Park
Elena Park

Previously published in In The News, Nonimmigrant Visas

Employers petitioning for prevailing wage determinations from the Department of Labor (DOL) are experiencing delays. Prevailing wage determinations are required for labor certification filings for permanent residency (PERM), and other non-immigrant visas such as the H-2B. These determinations can also be sought for H-1B, E-3 and other visa petitions for which the prevailing wage in the area of employment must be paid by the sponsoring employer. Currently, wage determinations that were once taking weeks to be issued is now taking months. After a halt in determinations, as of August 25th the DOL is reportedly making prevailing wage determinations from requests made in early June. The DOL is reportedly delayed due to its compliance with a June 15, 2011 court order from the United States District Court of the Eastern District of Pennsylvania. The court ordered the DOL to redo numerous prevailing wage determinations

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