Will I have to Restart Recruitment efforts because prevailing wage determination is delyaed?


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My company has posted ads and started recruitment efforts On Mar-31st and filed for prevailing wage, some time in June. Because of the apparent delays in obtaining prevailing wage, I'm unable to apply for Labor.

Now that it is certain that I will be going over 180 days since the recruitment efforts have started, do I have to start the entire recruitment process again or can I still file after the prevailing wage is obtained within the validity period of PW. This is what I found on the website.


"Validity Timeframes for PWDs


The PWDs have set validity periods. In the past, this ranged from 90 days to one year. If the recruitment efforts started before the PWD was issued, then the PERM case must be filed during the validity of the PWD. Alternatively, if an employer starts recruitment during the PWD validity period, the PERM case can be filed as long as the recruitment remains valid. Recruitment is valid for 180 days. From what our firm has seen to date, under the new centralized system, the PWD validity given as of early 2010 has been limited to June 30, 2010. This appears to tie in with the annual updating of the wage surveys used as a basis for the PWDs. "

Please advice. Any help is greatly appreciated.

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Unfortunately, any advertisements that were place more than 180 days ago cannot be used to document recruitment for a PERM case. According to DOL, PWDs will not resume until October 1 due to delays caused by a federal district court case requiring reissuance of about 4,000 H2B PWDs. A MurthyBulletin article explaining this issue was posted at http://murthy.com/news/n_dolpwd.html

If you do not already have an immigration attorney, you and your employer should review the PERM file with one to see what your options are.

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