A third Federal Court has ruled against the DOL and the Trump Administration for changes made to the DOL’s prevailing wage system. The lead plaintiff was Purdue University but, they were joined by other universities, AILA, and others. This Court even went a step further than the prior courts and ordered the DOL to re-adjudicate all PWD’s issued while the unlawful wages were in use. Forbes published a nice summary of the case. Kudos to all of those who litigated against these unlawful rules designed to gain political points for the election without regard to the harm caused to US businesses and the economy.
Today, a Federal Judge struck down both the new H-1b regulation which was to take effect on 12-7-2020 and the new DOL regulations which took effect back in October. A link to the decision will be provided as soon as it is made available. As a practical matter, we do not know how long it will take the DOL to revert back to the prior system or to re-open PWD’s that may have been issued while the new regulations were in effect. We also, do not know if the Trump Administration will file an appeal during this lame duck period. We will update as developments occur.
Here is a link to the Court order.
The DOL has announced that an unexpected volume of H-2b filings today has crashed the iCert web-site making it unavailable for at least a day or possibly longer. The iCert system is used for LCA’s for H-1b cases and for PWD’s for PERM cases. We will update you when it is back on-line.
The processing and issuance of Prevailing Wage Determinations (PWD’s) by the DOL has slowed to over 4 months with the DOL still working to complete PWD’s filed in August. PWD’s are a necessary step in PERM and some other green card cases. Often, employers will not purse costly advertisements as part of the PERM Labor Market Test until a PWD has been issued. For several years, the DOL’s processing had been consistently 75-90 days and hopefully, the current processing time is but a mere aberration and not the new normal.
The DOL has released data on all of its FY 2013 programs including, PERM and prevailing wage determinations (PWD).
The DOL has published new prevailing wages which can be accessed at the FLCDatacenter. The new wages went into effect July 1st. These wages are the source used by the DOL in issuing prevailing wage determinations (PWD’s) utilized for PERM applications and certain other immigrant petitions. This on-line data is also commonly used by employers in determining the prevailing wage for H-1b petitions.
The DOL has revised Form 9141 which is used to obtain prevailing wage determinations for both H-1b and PERM cases.
The DOL recently released its performance report for FY 2011. This covers data for prevailing wage determinations and PERM/labor certification programs, among others.
Slowly but surely, the DOL has once again resumed isusing PWD’s submitted to support H-1b or PERM applications. The DOL is currently procesisng PWD requests received in late June. They have released data that shows a backlog of approx. 15,000 for the months of July and Aug. The DOL has also advised that it plans to dedicate additional resources from its other product lines to deal with these backlogs. Although the curent procesisng time of approx. 90 days is 45-60 days longer than we had previously enjoyed, it is a far cry from the dire delays predicted by many in the bar. Sometimes I get the impression that attorneys like to exaggerate things to create a crisis where none exists and in doing so, we often overlook a real crisis but, maybe that’s just me.
As we advised you in our Aug 2nd post, the DOL suspended issuing PWD’s and to date there has been no official announcement regarding a return to full service. There have been multiple reports of attorneys receiving a scattering of PWD’s last week but, it does nto appear that a full scale return to operations as normal occurred. At HLG, attorney Sherry Neal received 2 but, none of the other attys. received any. (I attribute that to her good living). Obviously, this delay has created a variety of problems for many clients which include ads expiring and having to be placed again, internal postings expiring in the Sch A context, and employees not being able to file to preserve 7th year extensions, among others. We will keep you updated as developments occur.