DOL continues to delay processing of Prevailing Wage requests for H-1B and PERM labor certifications while it addresses an issue with H-2B wage determinations. DOL is reporting that the H-2B backlog must be cleared by September 30, after which it will begin working on new H-2B determinations within the next 30 days (during October). Then, DOL will start reviewing PERM and H-1B wage requests. Thus, there may be continuing delays for nonimmigrant and immigrant workers for the next two months, after which there may be an extended period of delay while DOL catches up on the backlog of PERM and H-1B prevailing wage requests.
DOL has reaffirmed that it will not sidestep any of the PERM regulations during this time. Therefore, no PERM filings may be completed as they must wait for the Prevailing Wage determination to be issued.
Anecdotal evidence exists that some wage determinations in the PERM and H1B context are being issued despite the "moratorium".
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