The U.S. Department of Labor (DOL) has indicated that due to a recent court decision, it was required to change its methodology for determining prevailing wages in the H-2B program. In its H-2B regulation released on August 1, 2010, the DOL stated that it is required to reissue approximately 4,000 H-2B prevailing wage determination which meet the new wage methodology ordered by the court. The DOL indicated that it is required to issue supplemental prevailing wage determinations using the new methodology not only for all applications received after the new effective date but also for existing certifications for which work is to be performed on or after the effective date. The DOL stated that there is no automated method for it to connect prevailing wage determinations with H-2B applications which were subsequently filed and approved.

Therefore it will have to manually issue the supplemental determinations. Due to the amount of manual work which will be required to issue these more than 4,000 H-2B supplemental prevailing wage determinations, it is assumed that the DOL will not be processing prevailing wage determinations for PERM and H-1B applications in the near future. However, the DOL has not confirmed if it has temporarily suspended the processing of prevailing wage determinations in the H-1B and PERM programs. The last prevailing wage determination for a PERM application that was received by our office was filed with the DOL on June 7, 2011.