Immigration Law

DOL Refuses to Budge on Delayed Prevailing Wage Determinations

"Yesterday, in a stakeholders meeting, U.S. Department of Labor Certifying Officer Bill Carlson indicated that DOL would deny all PERM applications filed late because of delayed Prevailing Wage Determinations, and also those filed without a determination. Dr. Carlson seemed oblivious to the plight of stakeholders, who pleaded with him to make additional accommodation to those prejudiced by the extreme delays in PWD’s. Indeed, he even seemed to get angry at the suggestion that any accommodation be made at all.  By way of background, DOL announced several weeks ago that all PWD’s would be suspended, as resources had to be diverted to the H2B program pursuant to a federal court order. Since then, the Department has relented, releasing a trickle of PWD’s. They are currently issuing PWD’s filed in July. Labor certifications have to be filed urgently in a number of instances, most importantly, in order to comply with with the deadlines imposed by DOL’s own PERM regulation. Thus, in effect, Dr. Carlson was telling stakeholders: It’s our fault that your labor certification will be been denied, and we don’t care.  This writer is certain that the Board of Alien Labor Certification Appeals and the federal courts will appreciate the irony, even if the Certifying Officer does not."

David Ware, Oct. 6, 2011.