In mid-June, H-1B and PERM prevailing wage determinations (PWDs) came to screeching halt as the U.S. Department of Labor (DOL) focused all staff on meeting a Federal Court order requiring reissuance of thousands of H-2B prevailing wage determinations. Since that time, only a very small number of prevailing wage determinations in other types of cases (H-1Bs and PERM labor certifications) have been issued.
The Department of Labor is now facing multiple mandamus suits from companies nationwide that are being negatively impacted by this arbitrary action to cease program functions. A mandamus suit seeks federal court intervention to compel an agency to meet its obligations under the law. Our office has already filed multiple such suits.
In a defensive move, the DOL recently announced that it anticipates returning to normal processing times (up to 60 days for PERM prevailing wage determinations) in November 2011. This delay is simply unacceptable, however, and thus we anticipate continuing to file additional mandamus actions four our clients as cases become ripe for litigation in this regard.
Please contact one of our attorneys if you have questions about the value of a possible mandamus action in your H-1B or PERM labor certification cases.