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PWD Wage expiration in July but PERM not yet filed

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  • PWD Wage expiration in July but PERM not yet filed

    Hi everyone

    I have a question here, which might need a lawyer to answer or someone with experience to filing PERM applications. So my employer filed for Prevailing Wage on my behalf mid Oct-21, and got a response in mid-April-22. Thereafter my employer went on to do the recruitment process, and I believe they have finished. They sent me a draft 9089 to review for correctness last week, so I know they are yet to file my PERM. So at this point I was happy things are progressing.

    Now where my concerns came up: I recently looked at the DOL Permance data, and can see the status of the PWD my employer filed (matched by looking at Job title, and timing, employer, etc. Looking at it, it shows my PWD date is mid-April and the PWD Expiration Date is mid-July. Now we are in mid-August right now. My worry, and question is, did my lawyers miss the boat if they haven't filed the PERM as of yet? I understand there are some timelines involved there. Or perhaps my my lawyers have performed some pre-filing (i.e. to get a number in line) and the file the PERM later and it still be valid. After waiting a whole year to obtain PWD and go through recruitment stage I'm a bit worried that even if my employer files PERM it may be denied due to not being filed on time, or that we may need to go through the PWD process all over again - and I'm sure we all know how long those waits are!

    Any insights into this would be much appreciated. My employers lawyers really are not good at responding to requests for information, and just give general responses like, which really aren't helpful at all.

  • #2
    This could be due to the slow processing time.


    • #3
      I found this information which can be helpful for your case, even though I advise you to await an expert response:

      The PWD has a validity period that expires within a limited time. If the PWD expires before the actual PERM is filed, we can still file the PERM as long as the prevailing wage was valid at the beginning of recruitment.