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ARTICLE · 08 AUGUST 2011

Processing Of Prevailing Wage Determinations Currently Suspended Until Further Notice

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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On July 29, 2011, the Department of Labor (DOL) announced that the Office of Foreign Labor Certification (OFLC) National Prevailing Wage Center has temporarily suspended processing of prevailing wage determinations, redeterminations, and Center Director Reviews.

United StatesImmigration
Mintz Levin Immigration Group
Mintz Levin Immigration Group
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On July 29, 2011, the Department of Labor (DOL) announced that the Office of Foreign Labor Certification (OFLC) National Prevailing Wage Center has temporarily suspended processing of prevailing wage determinations, redeterminations, and Center Director Reviews. Prevailing wage determinations must be filed in connection with all labor certification applications (PERM) for permanent resident status and H-2B seasonal temporary workers, and, in a few instances, H-1B specialty occupation petitions. Delays in processing prevailing wage requests may affect the processing times for these types of cases.

Background

The reason for the delay is to comply with a court order issued by the U.S. District Court for the Eastern District of Pennsylvania that stems from the August 30, 2010 decision in CATA v. Solis. To comply with the court's initial ruling in CATA v. Solis, DOL issued revised prevailing wage regulations (Wage Rule) on January 18, 2011.1 However, the new rule only

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