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    PERM Prevailing Wage Determination

    You don't understand PERM unless you know everything about prevailing wage determination. Learn about the DOL requirements, processing time, and more.

    PERM Prevailing Wage Determination Validity, Processing time, FAQs

    The PERM prevailing wage is in place to ensure employers pay their employees the minimum wage for that particular job. The prevailing wage is a part of the PERM labor certification. USCIS requires employers to acquire it on behalf of the foreign worker seeking to reside permanently in the United States. The organization responsible for determining this, National Prevailing Wage Center (NPWC), bases its determinations on data gathered throughout the United States. We’ll go over commonly asked questions including prevailing wage determination validity period, processing time, requirements, and more.

    Table of Contents hide

    1. What is the Prevailing Wage Determination?

    2. What are the Employer Requirements for PERM Labor Certification?

    2.1. PERM Prevailing Wage Determination Example

    3. PERM Prevailing Wage Determination Validity Period

    4. How to Obtain Prevailing Wage Determinations?

    5. What is the PERM Prevailing Wage Determination processing time?

    5.1. Can I speed up the PERM with premium processing?

    5.2. How long does it take for the DOL to process a PERM application?

    5.3. What is the PERM “quiet period?”

    5.4. What is the 30-day hold period?

    6. Other PERM-related Frequently Asked Questions

    7. PERM Prevailing Wage Determination Summary

    8. How VisaNation Law Group Immigration Attorneys Can Help

    8.1. Related Pages

    What is the Prevailing Wage Determination?

    The PERM is a labor certification that the Department of Labor (DOL) uses to help protect U.S. citizens’ jobs and working conditions. It does this by having employers go through an intensive recruitment process to ensure that no qualified U.S. workers are available for the position in the area. The prevailing wage determination is the other way PERM protects U.S. workers. The DOL defines the prevailing wage as “the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.” The prevailing wage is the employer’s lowest wage to pay the beneficiary for the job they intend to perform. This is not the same as a state or federal minimum wage.

    DOL determines a prevailing wage based on others in the geographic area that fill the same role with similar qualifications.

    So, for example, if digital marketing managers in Louisville, Kentucky are making a certain amount on average, the DOL will use that to determine a prevailing wage for that job in that area.

    Not only must the employer agree to pay the beneficiary at least this wage, but the employer must also show that they are financially capable of paying this wage. Employers can do this through income and bank statements and evidence of the salaries of similar workers in the organization.

    Visa Programs That Require A Prevailing Wage Determination

    H1-B H-1B1 EB-2 EB-3 H-2B

    For the H-1B, H-1B1, or EB-3 programs, employers need to pay the higher of the prevailing wage or the wage they pay other workers in the company with similar skills and responsibilities.

    In addition, EB-2 applicants can avoid the prevailing wage determination if USCIS grants them a National interest Waiver.

    What are the Employer Requirements for PERM Labor Certification?

    There are very stringent requirements the employer must follow for PERM labor certification.

    The position must be for a full-time job offer in the U.S.

    Employers shouldn’t tailor requirements for the job to the foreign worker’s skill set.

    The wage must be greater or equal to the prevailing wage requirements

    Demonstrate that there are no qualified domestic workers for the position and that the foreign worker will not affect the wages or conditions for U.S. workers

    The employer can request that the DOL base the prevailing wage determination on a private wage survey in specific scenarios. It’s best to consult an immigration attorney with experience handling private wage surveys to explore this option.

    PERM Prevailing Wage Determination Example

    To demonstrate the importance of filing the PERM petition within the prevailing wage determination period, here’s an example:

    Company X intends to file a labor certification for Mr. Jones. Company X runs an ad for the PERM position one day before receiving their prevailing wage determination. The remaining ads are run during the prevailing wage validity period, but they expire one day before Company X submits the PERM petition. Due to faulty timing, the case will be denied because they did not begin recruiting or file the petition at the right time.

    Company X could have improved this situation had it started the recruitment process and/or filed the PERM petition during the validity period. It likely would have been approved had these been the circumstances. Again, it’s ideal to work alongside a knowledgeable attorney who has experience with PERM prevailing wage determination to avoid any delays or denials like this.

    PERM Prevailing Wage Determination Validity Period

    The determination you receive is valid from 90 days to a year. However, as soon as the employer gets the prevailing wage designated by the center, the employer must submit the recruitment file and PERM Labor Certification within the validity period.

    How to Obtain Prevailing Wage Determinations?

    Source : www.immi-usa.com

    Processing Times

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    Prevailing Wage Determination Processing Times

    Processing Queue

    OES Receipt DateiNon-OES Receipt Datei

    CW-1 April 2022 N/A H-1B November 2021 November 2021 H-2B April 2022 April 2022 PERM November 2021 November 2021 Redeterminations H-1B: March 2022 PERM: March 2022

    Center Director Reviews

    CW-1: May 2022 H-1B: None Pending H-2B: April 2022 PERM: April 2022

    iThe above dates reflect the month and year in which applications were filed (request date) or submission date of the appeal request for Redeterminations or Center Director Review. The Office of Foreign Labor Certification (OFLC) encourages employers to request a prevailing wage determination for the H-2B program at least 60 days before the date the determination is needed. For various reasons, OFLC may be completing the processing of applications filed prior to the month posted.

    CW-1

    Receipt Monthii

    Requests ReceivedDeterminations IssuediiiAverage Calendar Days to Processiv

    April 2022 496 354 41 May 2022 327 -- -- remove

    H-1B

    Receipt Monthii

    Requests ReceivedDeterminations IssuediiiAverage Calendar Days to Processiv

    August 2021 296 294 179 September 2021 306 295 181 October 2021 268 255 179 November 2021 282 206 183 December 2021 253 -- -- January 2022 376 -- -- February 2022 401 -- -- March 2022 453 -- -- April 2022 460 -- -- May 2022 381 -- -- remove

    H-2B

    Receipt Monthii

    Requests ReceivedDeterminations IssuediiiAverage Calendar Days to Processiv

    March 2022 520 505 48 April 2022 1,310 311 49 May 2022 2,513 1 25 remove

    PERM

    Receipt Monthii

    Requests ReceivedDeterminations IssuediiiAverage Calendar Days to Processiv

    August 2021 14,484 14,474 184 September 2021 13,662 13,599 186 October 2021 13,751 13,620 184 November 2021 12,612 9,414 189 December 2021 12,407 76 180 January 2022 14,222 -- -- February 2022 15,624 -- -- March 2022 17,875 -- -- April 2022 17,812 -- -- May 2022 16,211 -- --

    ii Withdrawn and voided requests are excluded from the total so these numbers may fluctuate.

    iii Determinations issued does not include requests for Redetermination or Center Director Reviews.

    iv These processing times indicated the average processing time for all prevailing wage applications received in the specific month. Actual processing times for each employer’s prevailing wage request may vary from average depending on material facts and individual circumstances of the case.

    PERM Processing Times (as of 5/31/2022)

    Processing Queue Priority Date

    Analyst Review November 2021

    Audit Review September 2021

    Reconsideration Request to the CO January 2022

    These dates reflect the month and year in which cases were filed and are currently being adjudicated. The Reconsideration Request to the CO date reflects the month and year in which cases that are currently being reviewed were appealed. For various reasons, OFLC may be completing the processing of applications filed prior to the month posted. If your application was filed more than three months prior to the month posted, you may contact the OFLC PERM Helpdesk for a status on the application at [email protected]

    Average Number of Days to Process PERM Applications

    Determinations Month Calendar Days

    Analyst Review May 2022 191

    Audit Review May 2022 278

    These dates reflect the amount of time to process applications. Actual processing times for each employer’s PERM application may vary from the average depending on material facts and individual circumstances of the case. OFLC is reporting the average processing time for all PERM applications for the most recent month.

    H-2A Processing Times (updated as of close of business 6/11/2022)I. Issuance of Initial Notices of Acceptance (NOA) or Deficiency (NOD)

    Case Receipt Week Total Cases Submitted1 Total Cases Issued First NOA or NOD Percent Receipt Week Issued NOA or NOD

    MOST RECENT WEEK COMPLETED

    May 29 - Jun 4 252 252 100%

    CURRENT PROCESSING STATUS

    Jun 5 - 11 247 115 47%

    II. Average Case Processing Times (measured in calendar days)

    Processing Activity Total Cases Current Status

    Average Number of Days to Process Complete2 Cases (cumulative over the last 2 weeks) 375 20 Calendar Days

    Average Number of Days to Process Incomplete Cases (cumulative over the last 2 weeks) 150 38 Calendar Days

    [1] Withdrawn and rejected applications are excluded from the total so these numbers may fluctuate.

    [2] A complete H-2A application is defined as one containing all the documentation (e.g., housing inspection report, workers' compensation, recruitment report) necessary for the OFLC Certifying Officer to issue a final determination 30 days before the start date of need.

    Source : flag.dol.gov

    Prevailing Wage Processing Times

    The PERM prevailing wage is created to make sure U.S. employers provide their employees with the minimum wage in their jobs. This prevailing wage is a major element of the PERM labor certification. However, the U.S. Department of Labor supervises the PERM program like it supervised recruitment processes. It is just one part of a […]

    Prevailing Wage Processing Times

    The PERM prevailing wage is created to make sure U.S. employers provide their employees with the minimum wage in their jobs. This prevailing wage is a major element of the PERM labor certification.

    However, the U.S. Department of Labor supervises the PERM program like it supervised recruitment processes. It is just one part of a three-stage process foreign nationals use to obtain an employment-based green card.

    The USCIS demands that employers procure it on behalf of their foreign workers looking to stay constantly in the United States. The National Prevailing Wage Center (NPWC) controls the minimum wage using information gathered across the United States.

    This article looks through prevailing wage processing issues and the commonly asked questions like requirements, wage determination validity period, and many more.

    What is PERM?

    The first to consider in this article is PERM is an acronym for Program Electronic Review Management. It is the initial stage involved in filing for a Green Card or employment-based immigrant visa for a foreign national employee.

    It is also a labor certification used by the Department of Labor (DOL) to protect U.S. citizens’ jobs, working conditions, and to audit reviews for PERM.

    The DOL achieves this by making U.S. employers undergo rigorous recruitment processes, which ensures that no qualified U.S. workers are being deprived of jobs in the area.

    The prevailing wage determination is another method PERM caters to for U.S. workers. It is the average wage paid to employed workers in the same occupation around the area of intended employment.

    The prevailing wage is also the employer’s minimum wage for an employee for the job they intend to perform. This is different from a state or federal minimum wage.

    The DOL determines a prevailing wage using the information on other employees and employers. This data is gotten from the geographic area of employees that fill the same role with similar qualifications.

    For instance, if digital marketing managers in Miami, Florida, are making a certain amount on average, the DOL determines the prevailing wage for that job in that area.

    After the prevailing wage is decided, the employer must agree to pay the beneficiary at least this wage and prove that they are financially capable of paying it. Employers prove this using income and bank statements with documented salaries of similar workers.

    Employer Requirements for PERM Labor Certification?

    There are strict requirements for U.S. employers for PERM labor certification, and some of them include;

    U.S. employers must not tailor the job requirements to the foreign worker’s skill set.

    The wage must be higher or proportionate to the prevailing wage requirements.

    There must be proof that no qualified domestic workers for such a position and that the foreign worker will not limit the wages or conditions for U.S. workers.

    The PERM Process

    The initial stage for green card acquisition involves the following processes:

    The employer files a “prevailing wage request” to the Department of Labor (DOL) through its website.

    Then the DOL receives the request and uses it to evaluate and issue the employer with a prevailing wage determination (PWD).

    This PWD determines the employee’s wage in the position based on factors like worksite location and experience level needed for the job.

    The DOL then gathers data to ensure that no willing and qualified U.S. domestic worker applied for the job.

    The employer also has to do compulsory postings such as:

    An advertisement at the state workforce agency for a month

    Job notice at the workplace for ten continuous days

    The ETA Form – 9089. This was done after the 30-day mandatory period had elapsed and no qualified U.S. domestic worker was found for the job. The form is filed online through the DOL’s website.

    PERM Updates From DOL That Everyone Should Be Aware Of

    The DOL is responsible for updating prevailing wage determination (PWD) and permanent labor certification (PERM) processing times.

    On September 30, 2021, the DOL made official decisions regarding applications filed on or before May 2021. It conducted PERM applications filed in or before November 2020 and reviewed appeals concerning reconsideration on or before May 2021. The update issued by DOL was that the average PERM processing times were 153 days for adjudication and 322 days for audit review.

    For PWD updates, the DOL processed PWD requests filed around or before March 2021. They also processed PWD redetermination requests filed in August 2021. The average processing times for PWD requests were 158 days and 224 days, respectively.

    The Average PERM Processing Times in 2022

    Processing times have gradually increased at the DOL. This happens not only for PERM applications but also for the audit reviews and Prevailing Wage Requests.

    The average time stated by DOL for a PERM application to be processed about 207 days, which is almost seven months, if no additional information is required. This is quite a long time, even for U.S. DOL standards. In the past, PERM processing times were between 3 to 5 months, but now they are at seven months.

    Source : www.lawfirm4immigrants.com

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