3/30/2023 0 Comments Dol processing times![]() Also, if you begin recruitment before the PWD is issued, you must be sure to complete recruitment and file the PERM before the PWD expires. If the PWD comes back higher than that used in the recruitment, the employer must repost the affected recruitment. If you go this route, you must have an idea what the prevailing wage will be for the position because the law requires offering the higher of the actual or prevailing wage. ![]() That said, if a foreign worker’s H-1B status is expiring soon, strategy may dictate that you file the PWD and run the recruitment simultaneously. However, it is a best practice to wait for the PWD to be issued by the DOL and then get written confirmation from the employer that they are ready to proceed with the advertising stage. With the DOL taking nearly three months to issue a PWD, employers and foreign workers may urge you to proceed before DOL issues the PWD. Therefore, it is important to confirm through documentation that the foreign worker possessed the required qualifications prior to beginning employment with the employer while at this stage of the process. A “degree” in “Computer Science” may actually be a three-year degree or a certification. No matter how much the employer and foreign worker will urge you to use the information they have provided on a questionnaire, remember one thing – you must see it to believe it! If the foreign worker tells you that they have a degree in Computer Science, you need proof. To properly craft a job description, an attorney must review the employer’s minimum job requirements, the foreign worker’s qualifications, work experience letters, and educational documents. Drafting the Job Descriptionĭrafting the job description and requirements often takes the most time in preparing a strong PERM application. ![]() As a reminder, the H-1B can only be extended beyond the six-year limit if the foreign national is a beneficiary of an approved I-140 whose priority date is not current, or if at least 365 days have passed since the filing of the PERM. Timing is critical because if there are any delays in filing the PERM application when the foreign worker is close to reaching the six-year limit in H-1B status, the ability to continue to extend H-1B status is jeopardized. This way, you have about one year to account for long Prevailing Wage Determination (PWD) processing times, any delays in the advertising process, the subsequent “quiet period,” and for any delays arising directly from the employer and employee. Ideally, employers should begin the PERM process at least before the start of the foreign worker’s fifth year in H-1B status. Here are some timing considerations to keep in mind when preparing and filing a PERM. Knowing how that timing works is essential for the PERM process because it is important to make time work in favor of the sponsoring employer and the foreign worker. Until then, processing times are not expected to decrease.Throughout our lives, we’ve always heard the quote, “Timing is Everything.” In the practice of immigration law, we have come to learn the hard way that this is true. DOL hopes to increase its staffing by the end of 2021 in order to address backlogs. On April 15, 2021, representatives from DOL met with members of the American Immigration Lawyers Association to discuss matters of concern in the immigration community. DOL indicated that other case types with regulatorily-mandated time requirements must be prioritized over PERM and PWD processing. When the electronic PERM process was launched in 2004, DOL announced that PERM applications not selected for audit would receive a decision within 45 to 60 days. Historically, PWDs were also issued within 60 days. Processing times steadily increased throughout 2020 as a number of factors-including the COVID-19 pandemic-limited DOL’s capacity and the backlog of cases grew. workers to fill the position. The process also includes obtaining a Prevailing Wage Determination (PWD) from DOL that sets the required minimum wage for the occupation and geographic area of intended employment.ĭue to increased workload and limited resources, the DOL currently requires an average of 7.5 months to process most PERM applications and 12 months to process PERM applications randomly selected for audit. The average processing time for PWDs that support PERM applications is 5 months. ![]() employer can petition to sponsor an immigrant worker in certain categories of employment, it must obtain an approved PERM Labor Certification from the DOL by demonstrating that-among other conditions-there are not sufficient U.S. Department of Labor (DOL) administers the PERM program, which is the first step of a three-part process for certain foreign nationals to obtain an employment-based green card. Before a U.S. ![]()
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