Atlanta National Processing Center on Prevailing Wage Validity
Posted Feb 17, 2006
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The U.S. Department of Labor's (DOL) Atlanta National Processing Center (Atlanta NPC) has confirmed that, for PERM labor certification cases, it is permissible to file a case after the prevailing wage determination (PWD) validity period has ended. The employer must either file the PERM application or begin the required recruitment within the validity of the PWD.
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The validity period of a prevailing wage determination issued by a State Workforce Agency (SWA) can vary from 90 days to one (1) year. Since it is permissible to either file or start recruitment during that time, those cases for which recruitment began during the validity period may be filed after the validity period ends.
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Clarification came from the Atlanta NPC as an eGram. We at the Murthy Law Firm appreciate the DOL's confirmation of this policy, clarifying this matter.