May 25, 2012

U.S. Department of Labor Prevailing Wage Determinations Currently Suspended until Further Notice

Vedder Price
Gabrielle M. Buckley
P. Michelle Jacobson
Vedder Price
Saturday, September 10, 2011
Administrative & Regulatory / Immigration / Law Office Management
All Federal / All States / All International
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The U.S. Department of Labor (DOL) recently announced it has temporarily suspended the processing of prevailing wage determinations for immigration matters. As you know, prevailing wage determinations must be filed in connection with all labor certification (PERM) applications for permanent resident status and H-2B seasonal temporary workers, and, in a few instances, H-1B specialty occupation petitions. The delay in processing prevailing wage requests may negatively affect the processing times for these applications and petitions.

The reason for the delay relates to a court order issued by a U.S. district court requiring DOL to reissue thousands of H-2B prevailing wage determinations by September 30, 2011. DOL has stated that National Prevailing Wage Center resources will consequently be used to comply with this order, and that it will be unable to process regular prevailing wage requests until September 30, 2011.

The scope and duration of the delays is uncertain at this time, so we will continue to file new prevailing wage requests during this suspension period. However, this delay in processing by DOL will clearly mean that employers will not be able to file PERM applications until DOL has processed the employer’s prevailing wage request. We will provide updated information when more becomes available.

© 2012 Vedder Price

About the Author

Gabrielle M. Buckley
Shareholder

Gabrielle M. Buckley is a shareholder in the firm’s Corporate Practice Area. Ms. Buckley has over 25 years of experience counseling U.S.- and foreign-based companies with regard to all aspects of employment-related immigration laws. She advises employers as to immigration law issues arising in corporate mergers, acquisitions, divestitures and other forms of corporate reorganization. Ms. Buckley assists clients in obtaining temporary and permanent immigration status in virtually every immigration category. She develops immigration compliance policies for employers and...

gbuckley@vedderprice.com
312-609-7626
www.vedderprice.com

About the Author

P. Michelle Jacobson
Associate

P. Michelle Jacobson joined the Chicago office of Vedder Price as an associate in the Corporate Practice Area, and has been practicing in the field of business immigration since 2001.

Ms. Jacobson counsels employers on employment strategies, corporate compliance and visa processing for foreign national employees. She works closely with corporate clients to develop strategies and procedures for defending workplace sanctions and formulating compliance policies. Ms. Jacobson conducts I-9 audits and advises clients with regard to hiring and discrimination issues. Her practice focuses on...

mjacobson@vedderprice.com
312-609-7761
www.vedderprice.com

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