DOL’s National Prevailing Wage Center (NPWC) currently is not issuing Prevailing Wage Determinations (PWDs), nor are they reviewing requests for reconsideration or appeals to the Center Director for H-1Bs or PERMs. These processes are on hold at this time as the NPWC is required to reissue approximately 4,000 H-2B wage determinations, to reflect the new H-2B wage rates that will apply for H-2B employment on or after September 30, 2011. 

DOL has not issued PWDs for H-1Bs and PERMS for nearly two months and claims its backlog is due to a court order relating to H-2Bs.  This moratorium has caused and continues to cause hardship to employers and their work force, as anticipated new hires cannot join, causing work disruptions and increased workload for the staff in place.

We urge Secretary Solis to take the necessary steps to eliminate the backlog of PWDs for H-1Bs and PERMs.  When the DOL alleges that only a properly completed PWD will provided a safe haven, how can DOL justify a moratorium on issued prevailing wage determinations.  Employers may now proceed in using the DOL’s published prevailing wages on the online database at their peril.