Rose Immigration Law Firm PLC

In mid-June, H-1B and PERM prevailing wage determinations (PWDs) came to screeching halt as the U.S. Department of Labor (DOL) focused all staff on meeting a Federal Court order requiring reissuance of thousands of H-2B prevailing wage determinations.  Since that time, only a very small number of prevailing wage determinations in other types of cases (H-1Bs and PERM labor certifications) have been issued.

The Department of Labor is now facing multiple mandamus suits from companies nationwide that are being negatively impacted by this arbitrary action to cease program functions. A mandamus suit seeks federal court intervention to compel an agency to meet its obligations under the law. Our office has already filed multiple such suits.

In a defensive move, the DOL recently announced that it anticipates returning to normal processing times (up to 60 days for PERM prevailing wage determinations) in November 2011.  This delay is simply unacceptable, however, and thus we anticipate continuing to file additional mandamus actions four our clients as cases become ripe for litigation in this regard.

Please contact one of our attorneys if you have questions about the value of a possible mandamus action in your H-1B or PERM labor certification cases.

This entry was posted on Thursday, September 22nd, 2011 at 7:44 am and is filed under Newsletter. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

One Response to “Delays in Prevailing Wage Determinations”

1. Rose Immigration Leads the Way Again in DOL Mandamus Complaints « Rose Immigration Law Firm PLC Says:

   September 22nd, 2011 at 7:47 am

   [...] For more information on the reasons behing this unreasonable government delay, please see our accompanying article here. [...]

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