On January 20, 2021, a U.S. district court issued a modified

order governing the manner and schedule in which the Department of

Labor's (DOL) Office of Foreign Labor Certification (OFLC) will

reissue certain prevailing wage determinations (PWDs) that were

issued from October 8, 2020, through December 4, 2020, under the

wage methodology for a related DOL interim rule issued in October,

and at the request of employers under the H-1B, H-1B1, and E-3

temporary programs and PERM labor certification program.

OFLC said DOL is taking necessary steps to comply with the

modified order issued by the district court. Accordingly, OFLC will

reissue certain PWDs issued under the interim final rule in two

phases: high priority (within 15 days of receiving the requested

list of named plaintiffs from plaintiffs' counsel) and

emergency situations (by March 2, 2021).

Employers that have already submitted a request in response to a

December 3, 2020, announcement posted by OFLC have been issued a

PWD and do not need to resubmit a second request for reissuance or

take other additional action, OFLC said.

Details: OFLC announcement, Jan. 22, 2021,

https://www.dol.gov/agencies/eta/foreign-labor

The content of this article is intended to provide a general

guide to the subject matter. Specialist advice should be sought

about your specific circumstances.

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