October 24, 2011
Given a law suit related to H-2B via prevailing wage processing, the DOL suspended all prevailing wage processing this summer – whether for H visa processing or green card cases/labor certifications. The DOL has provided an update to the public about processing time for prevailing wage determinations post-suspension. As of this week, it will be back to “normal” processing times for prevailing wages for PERM labor certifications. “Normal” processing means a 60 day processing time. In other words, prevailing wage determination requests filed this week should be acted upon by DOL within 60 days from filing.
Although prevailing wage determinations are not required for H-1Bs, they can be used as the basis for the prevailing wage for this visa type. DOL noted that for H-1Bs, it will be back to “normal” processing time (60 days) as of November 6, 2011.
