3/12/2010

Prior to the transition to the iCET system, Prevailing Wage System (PWD) requests were submitted to the State Workforce Agencies (SWAs) in the various states. These requests historically were processed within widely varying timeframes. Some SWAs processed PWD requests on a same-day basis, while others required a few weeks or months to provide the PWD.

1) Delay in PWD Results in Delay in PERM Filing: 

The delay in issuance of PWDs is important, as it is a vital step in the PERM process. Delays in obtaining the PWD may result in delays in the ability to proceed with the recruitment steps needed before filing the PERM case for green card processing. There is a complex regulatory scheme of recruitment requirements, all of which have set timeframes and must be coordinated.

2) Validity Timeframes for PWDs: 

The PWDs have set validity periods. In the past, this ranged from 90 days to one year. If the recruitment efforts started before the PWD was issued, then the PERM case must be filed during the validity of the PWD. Alternatively, if an employer starts recruitment during the PWD validity period, the PERM case can be filed as long as the recruitment remains valid. Recruitment is valid for 180 days. 

3) Notice of Posting Requires Wage Rate Offered: 

One of the requirements in the PERM process is a notice of posting. This notice must be posted at the location of employment for a minimum of ten consecutive business days, and must contain the rate of pay. It is risky to move forward with this posting, absent the PWD.

The notice of posting generally is coordinated with a required SWA job order, as well as the other required recruitment. The SWA job order must be placed for thirty days. These job orders contain slightly differing requirements, depending upon the state. Some require wage information. There is a thirty day "quiet period" after the end of recruitment. The PERM case cannot be filed until the quiet period has elapsed.

Thus, the preparation of the PERM case, and the timing of the required steps is, in large part, dependent upon a PWD. Many employers do not want to commit the funds required for recruitment and PERM preparation without a firm determination of the wage requirement.

4) Delays in PERM Case Filings Result in H1B Extension Problems: 

The delay in the filing of a PERM case does not simply result in a slightly slower green card process. Many H1B workers are at the point where they need PERM cases filed in order to be eligible to extend H1B status beyond the initial six years. They must have the PERM cases filed at least a year prior to the expiration of their six years of H1B. Without a qualifying PERM filing, these workers run the risk of having no way to remain in the United States beyond the six year mark. This is disruptive to both the H1B workers and their employers.