Prevailing Wage Determinations Have Slowed Down But Still Follow FIFO

Processing time of prevailing wage determinations has slowed to about 6 months. DOL does not post avg processing time but only the submission date of the oldest application in its pipeline. Looking at its latest data, the oldest application in its queue as of December 31, 2021 is April 2021. Based on our records, requests for PWD have slowed down from 5 months to 6 months. We are currently...

Wages Get Updated on July 1, 2021

Every year on July 1st, wages get updated. It may go up or down. But generally, changes are minor compared to previous years. To find the wages for the current year and previous years, employers may visit the wage library. In our experience, wages sometimes do change substantially from one year to the next. The example below shows the wage for a Financial Analyst decreasing from $56,098 in 2019...

New Prevailing Wage Request Form and Other Updates from DOL

The new Form ETA-9141, Application for Prevailing Wage Determination is set to go live on May 3, 2021. DOL held a webinar on April 27, 2021, regarding the new changes to the form. A presentation slide may be downloaded here. Any saved drafts that haven't been submitted will be deleted on May 3, 2021. Other updates include: Processing time for PERM and prevailing wage determination is not...

DOL Announces Accommodations for Employers in Texas and Oklahoma

DOL’s OFLC has released a FAQ regarding the extent of its accommodations for employers in Texas and Oklahoma who were impacted by the recent weather disaster. Accommodations include, for example, deadline flexibility and guidance relating to unintended changes in worksite. Anyone in these states who has on-going cases relating to PERM, labor certification, prevailing wage request, H-2A, H-2B,...

Final Rule Creating a Wage-Based H-1B Lottery Delayed Until 12/31/2021

As we have previously reported, this final rule has been postponed in light of Biden's efforts to postpone "midnight regulations" that signed by President Trump during the waning days of his administration. See our earlier posts: Final Rule on Creating Wage-Based Selection System for H-1B Cap-Subject PetitionH-1B Lottery unlikely to be impacted by the New RuleH-1B Lottery for FY2022 will Remain...

Additional Time Added for Responding to USCIS notices

Update 03/30/2022 USCIS will continue offering additional time for responding to notices such as RFEs that were received between March 1, 2020, and July 25, 2022. More time has been added for filing appeals and motions. It is now 90 days from the date of the decision instead of 60 days. Update 12/30/2021 USCIS announced continued flexibility for responding to notices such as RFEs. For notices...

DOL Accepts Request to Re-Issue Wage Determination until February 8, 2021

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:...

Time to Prepare for H-1B Lottery Registration

As we get closer to the H-1B lottery selection date (at the end of March 2021), we urge employers to prepare early for H-1B registration and re-calibrate expectations moving forward especially in light of new rules designed to hinder the H-1B visa program. 2 New Rules: There are two Final Rules published during the waning days of the Trump Administration that would place a hefty burden on...

Final Rule on Creating Wage-Based Selection System for H-1B Cap-Subject Petition

According to USCIS, a final rule has been announced on January 7, 2021 that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program. This effort will only affect H-1B registrations (or...

H-1B Lottery unlikely to be impacted by the New Rule

There are two published Final Rules released during the waning days of the Trump administration that would only allow high salary H-1B workers to be employed in the U.S. Below is a summary breakdown of the new rules and effective dates: 1. Final Rule on increasing H-1B wages (issued on January 14, 2021). Effective date: March 15, 2021. This is basically an amended version of similar rule that...