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Proffered Wage Must Exceed State’s Minimum Wage, Not Just the Prevailing Wage (Federal)

As DOL continues to experience delays in issuing PWD and adjudicating PERM applications, employers must be careful when setting the proposed wage during the PERM process. It must exceed not just the prevailing wage as set by DOL but also exceed the state's (where worksite is located) minimum wage. You do not want to wait 1.5 to 2 years for the PERM to be certified only to find that the I-140 was...