Employers may now request reissuance of Prevailing Wage Determination PWD, issued from October 8, 2020 through December 4, 2020, which reflected a much higher wage based on the wage methodology used pursuant to an interim final rule which is no longer in effect.
The deadline to request reissuance is February 8, 2021. The request must be based on an emergency situation which may be the following:
• PWDs issued in support of a labor market test conducted under the PERM program that is set to expire in the next 60 days;
• PWDs issued to support the filing of a PERM application within the next 60 days to allow for extension of H-1B status or otherwise is required for a foreign worker beneficiary to be able to remain in the U.S. or maintain work authorization;
• PWDs issued to support the filing of a PERM application where a child of a foreign worker beneficiary potentially will age out within one year; or
• Any other PWD issued where the employer attests to having an emergent need for a reissuance not otherwise covered in this list.