The Department of Labor’s national processing center in Atlanta (Atlanta NPC) stated that employers may file a PERM labor certification case after the prevailing wage determination validity period has ended. After this point, the employer can either file the PERM application or start the required recruitment within the validity period of the prevailing wage determination.
Validity periods of prevailing wage determinations that are issued by a State Workforce Agency ranges from 90 days to one year. Because employers can either file or begin the recruitment process during that period, cases where recruitment started during this validity period can be filed after the completion of the validity period.
This clarification of the regulations will ease the procedures for many employers, enabling a more smooth recruitment process.