Prevailing wage determinations for PERM labor certification cases are experiencing significant delays. In particular, requests based on private wage surveys are backlogged several weeks beyond the Labor Department’s stated processing times.
Background: Employers are required to obtain a prevailing wage determination from the Labor Department before filing a PERM labor certification application to sponsor a foreign national employee. The employer must offer at least the prevailing wage. Employers may use private wage surveys rather than the Labor Department’s wage data to support a prevailing wage request, but private surveys must meet stringent regulatory requirements.
B·A·L Analysis: Employers with pending PERM cases should anticipate delays in obtaining a prevailing wage determination. Employers with new PERM cases should work with their B·A·L legal team to determine the best strategies in conducting recruitment and requesting prevailing-wage determinations going forward.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
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