Temporary Suspension of OFLCs Prevailing Wage Determination


Recommended Posts

This is what i got from one of the website


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.

Link to comment

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

Link to comment


This topic is now archived and is closed to further replies.