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DOL Complies with Court Ruling to Revert Prevailing Wage Data

The Department of Labor (DOL) made an announcement today on the steps it will take to comply with the federal court ruling issued on 12/01/2020 invalidating both DOL Prevailing Wage Interim Final Rule and DHS H-1B Specialty Occupation Interim Final Rule. DOL plans to revert to the OES prevailing wage online data which was applicable before the prevailing wage increase on 10/08/2020 (“original OES prevailing wage data”), and the Implementation timeframe is as follows:

  • The original OES prevailing wage data was already put back online today;

  • The FLAG system will be unavailable to submit LCAs using the original OES prevailing wage data until approximately 8:30AM ET 12/09/2020.

  • The FLAG system still accepts Prevailing Wage Determination (PWD) Requests, but National Prevailing Wage Center (NPWC) has now paused processing the PWD using the original OES prevailing wage data and will resume approximately 8:30AM ET 12/15/2020;

  • Until 01/04/2021, employers can request DOL to review and reissue PWDs that were issued using the increased wage data based on the DOL Prevailing Wage Interim Final Rule. The request can be submitted online, by email or by mail.

To summarize, we can submit H-1B, H-1B1 and E-3 LCAs using original OES prevailing wage data starting 12/09/2020. PERM PWD can be submitted now which will be eventually processed using original OES prevailing wage data. You can contact us to submit a review of the PWDs already issued using the increased wage data.

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