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Prevailing Wage Re-determination

Discussion in 'Immigrant labor certifications (PERM)' started by Joosik kim, Mar 30, 2016.

  1. Joosik kim

    Joosik kim New Member

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    Hi,

    My employer(University) filed PWD in December with Accountant Soc Code, but we got the result with Financial manager SOC Code. The salary for the financial manager is 70K higher than my employer expected. We used the word "oversee" when we filed the initial PWD. So we requested the redetermination with more detail job duties (this position is not managerial position). By the way, employer finished the advertisement in Feb. I am trying to ask international office to file new PWD, however, the international office said we cannot file another new PWD because the recruitment is done.
    My question is
    1) can we file new PWD and redetermination at the same time?
    2) If we can file both new PWD and redetermination at the same time and get the positive result on both, can we ignore one of them?
    3) If we can file both redermination and new PWD at the same time and get the negative result from redetermination and positive result from new PWD, do we need to start new recruitment process for the result for new PWD?

    It has been headache so far. Please share me any idea or any experience or any legal advice.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes you may file a new PWR. Is your job covered by a union contract? If so, that is the per se prevailing wage and the DOL must accept it.
     

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