Temporary Suspension of OFLCs Prevailing Wage Determination

[SC]

This is what i got from one of the website

Attorney's

Please reply if this will effect LC approvals in May?

07/29/2011: Temporary Suspension of OFLC's Prevailing Wage Determination, ETA 9141, Causing Delays in Recruiting for and Filing of PERM Applications

The OFLC's prevailing wage rule has been in a federal court litigation in regards to the wage determination methodology for H-2B cases, followed by the court order to change the methodology of prevailing wage determination with a timeline set by the court. The new methodology was initially published with the effective date of January 1, 2012, which failed to comply with the court order, and the OFLC initiated a new proposed rule on 06/28/2011 to change the effective date to 60 days from the date of publication of the final rule with their anticipation that the final rule will be published on 08/01/2011 so that the new rule can take effect on or about 10/01/2011. Under this schedule, the OFLC is scheduled to publish the final rule next Monday, 08/01/2011, in the federal register. (See advance copy). According to the revised Final rule which will be published on Monday, the final rule will take effect on or about 10/01/2011 instead of 01/01/2012. Pending the foregoing court battle jig jags, the agency's prevailing wage determination has been suspended. It is uncertain whether the determination of prevailing wage, ETA 9141, can be resumed soon or will have to wait until 10/01/2011. The date of reinstatement of the prevailing wage determination remains unclear and up in the air. By next Monday or Tuesday, we will have a better picture on the status of suspension of the prevailing wage determination of the DOL. Please stay tuned to this website.

[momof1girl]

Can any Murthy Lawyer address this? Thanks

[bewildered]

I am stuck on this boat. My attorney also said the same thing. Please keep us posted if anyone has any updates.

[SC]

Coudl it be only for the PWD determination as i see PERM approvals for June..

Attorney's

Can any one please clarify?

Thanks

SC

[designflaw]

I am stuck in this as well.

[sarah04]

Will this only affect people filing PWD?

Should it affect people who have already had their PWD determined, say in May n have posted the job recruitment ad?

My company posted the ad in June, but have not filed PERM yet. Is it because of the PWD delay or does it take 2/3 months to file PERM after job posting.

Anybody have any idea when PWD will resume?

Any input is greatly appreciated

[rasp]

I am also in the same boat..details:

Hopefully PWD will get resumed in september end.

[This message was edited by Admin on August 08, 2011 at 07:24 AM.]

[designflaw]

I don't know how true this is, but from what I am told, an employer can use the information available on DoL's website and use that as a prevailing wage and file for h1-b. However, for PERM, they need to have the prevailing wage from DoL.

Once again, I do not know how accurate this is.

[rishidr]

Even my employer says the same information.

i found this information in http://www.foreignlaborcert.doleta.gov/

and it says ... 'We continue to encourage all requestors to submit their ETA Form 9141 at least 60 days in advance of the employer's initial recruitment efforts...'

does that mean, that we can continue submit the PWR but we will get response when they resume?

[visapims]

Does it affect H1Bs as well? Can Murthy attorney or someone clarify it??

[mobyca]

Originally posted by visapims:

Does it affect H1Bs as well? Can Murthy attorney or someone clarify it??

As of 11-Aug-2011, they have not processed any PWD

[ravigupta007]

Will this affect PERM filing for those who have already completed PWD & recruitment process?

[murthyuser123]

I am stuck too. My employer is ready to file PERM but due to now having PWD they are not able to proceed further.

[reddy0910]

As per the below link it will be resumed after Aug-31-2011.

http://www.******************.com/

[This message was edited by Admin on August 25, 2011 at 01:51 PM.]

[murthyuser123]

I heard the same thing.Hope OFLC PWD resumes quickly.

[Attorney_9]

Please see the recent Murthy.com newsbrief http://www.murthy.com/news/n_pwdiss.html