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"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
David Ware, Oct. 6, 2011.