The employer does not need to wait until it receives a prevailing wage determination before beginning recruitment.
However, the employer must be aware that in its recruiting process, which includes providing a notice of filing stating the rate of pay, the employer is not permitted to offer a wage rate lower than the prevailing wage rate.
Similarly, during the recruitment process, the employer may not make an offer lower than the prevailing wage to a U.S. worker.
The H1b visa program permits employers to provisionally employ foreign workers in the United States on a nonimmigrant basis in jobs such as special professions or as models of eminent merit and aptitude. A specialty profession requires the hypothetical and practical application of an entity with specific knowledge and a bachelors degree or the comparable in the specific specialty. H1b visa requirements depend on a sponsor (a company in the US), who needs to submit a Labor Condition Application. H1b visa status depends on DOL and the USCIS (Immigration and Naturalization Service) decisions. PERM foreign labor application and certification is obtained via US Department of Labor.Wondering how to check status of PERM application? The company’s attorney states that the labor certification application was filed in January. It would take 45-60 days to approve. Now, 5 months past, we haven’t heard anything. I asked the lawyer, what the situation was. He said there was no way to check what’s happening under the new rules. You, your attorney and your Human Resources can log into the system, find the case number and check the status. My lawyer said he filed electronically. I will check with Human Resources. Just type the ETA Case Number and it yields the standing and the file date. In general, how long does it take for a case to be set to “in growth”? Possibly, the next day after answering the sponsorship survey, the case status transformed. Individuals typically can’t check PERM standing virtually.