The Department of Labor has temporarily stopped issuing Prevailing Wage Determinations for H-1B and PERM cases in order to comply with a June 15, 2011 order from the US District Court for the Eastern District of Pennsylvania requiring the agency to re-issue certain H-2B Prevailing Wage Determinations.
This inaction could lead to delays of several months that could be consequential for foreign-nationals who are in H-1B status and have an employer that would like to file a PERM application in time to allow them to remain in the US in H-1B status beyond six years. The agency has promised to keep the immigration bar up to date on developments regarding this matter and hopefully will begin issuing prevailing wage determinations again in the near future so as not to paralyze the Foreign Labor Certification process for much longer.
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