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View Full Version : Any idea about Wage Determination Dept. delays?


sasidhar79
08-16-2011, 04:42 PM
Hi

My employer is planning to file for my labor under EB2 category but is claiming that the Dept of Wage Determination is currently not issuing wage determination certificates because the department is currently involved in some law suit.

Please confirm whether this is correct or not.

thank you

regards
sasi

forever_waiting
08-16-2011, 04:48 PM
Yes, this is true.

Below is an article explaining the reason -

Department Of Labor Suspends Prevailing Wage Determinations Causing Delays And Obstacles For Green Card Labor Certification (PERM) Cases - Immigration - United States (http://www.mondaq.com/unitedstates/x/142386/Department+Of+Labor+Suspends+Prevailing+Wage+Deter minations+Causing+Delays+And+Obstacles+For+Green+C ard+Labor+Certification+PERM+Cases)

DoL has to allocate all their resources to recalculate PWD for some 4000 H2B cases due to which all other labor certs (including H1B, PERM etc ) are all stopped until further notice. I hope they resume it soon..my colleague's H1B extension is also stuck due to DoL not certifying the Labor.

It says in the article that DoL expects to complete all the H2B PWD by October 1st..I sincerely hope that doesn't mean every other labor cert is on hold till that date!!!!

sasidhar79
08-16-2011, 05:42 PM
very sad state of affairs.

sganny
08-16-2011, 06:11 PM
If your HR department is saying that recruitment activities prior to PERM filing can happen only after PWD, that is not true if the wage for your position is definitely higher than the prevailing wage. take a look at this on the DOL FAQ - Foreign Labor Certification (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#prevwage6)

cleopatra
08-16-2011, 06:27 PM
Yes, this is true.

Below is an article explaining the reason -

Department Of Labor Suspends Prevailing Wage Determinations Causing Delays And Obstacles For Green Card Labor Certification (PERM) Cases - Immigration - United States (http://www.mondaq.com/unitedstates/x/142386/Department+Of+Labor+Suspends+Prevailing+Wage+Deter minations+Causing+Delays+And+Obstacles+For+Green+C ard+Labor+Certification+PERM+Cases)

DoL has to allocate all their resources to recalculate PWD for some 4000 H2B cases due to which all other labor certs (including H1B, PERM etc ) are all stopped until further notice. I hope they resume it soon..my colleague's H1B extension is also stuck due to DoL not certifying the Labor.

It says in the article that DoL expects to complete all the H2B PWD by October 1st..I sincerely hope that doesn't mean every other labor cert is on hold till that date!!!!

Only PWD determinations are on hold. PERM approvals are still on schedule. Hopefully they will be able to do this faster than that.

sasidhar79
08-17-2011, 05:49 PM
but PWD is necessary to file for PERM right? this is what my employer is claiming.

little_willy
08-17-2011, 06:40 PM
YES, that is correct.

but PWD is necessary to file for PERM right? this is what my employer is claiming.

sganny
08-17-2011, 09:14 PM
PWD is required prior to PERM filing. however there is recruitment activity (posting an ad, interviews etc) that needs to be done prior to PERM filing. from what I understand that takes a couple of months. The link that I posted says that the recruitment activity can happen without the PWD. So instead of waiting for everything to start after the PWD is resumed, if your process is just starting, you can ask your companies to start the recruitment process as long as you are sure that your current wage is over the wage determined by the PWD process.

cleopatra
08-18-2011, 08:19 AM
PWD is required prior to PERM filing. however there is recruitment activity (posting an ad, interviews etc) that needs to be done prior to PERM filing. from what I understand that takes a couple of months. The link that I posted says that the recruitment activity can happen without the PWD. So instead of waiting for everything to start after the PWD is resumed, if your process is just starting, you can ask your companies to start the recruitment process as long as you are sure that your current wage is over the wage determined by the PWD process.

There is no way to determine the PWD yourself. You can probably guess based on previous experiences and your job duties. But if DOL comes back with a different classification, you are left with no choice but to appeal or refile again. This takes time.

Remember that all the recruitment is valid only for 180 days. So if obtaining PWD goes beyond this, you will have to start the recruitment again. Given the current scenario, there is no way to guarantee that PWD will be received within 180 days. This is probably the reason why attorneys may hesitate to start the recruitment without PWD.

sganny
08-25-2011, 04:27 PM
looks like DOL is slowly starting to process PWDs - United States: Employers Report a Small Number of PERM Prevailing Wage Determinations | Global Immigration News (http://global-immigration-news.totallyexpat.com/united-states-employers-report-small-number-perm-prevailing-wage-determinations/)