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OFLC Announces Plan for Reissuing Certain Prevailing Wage Determinations Issued under the Department’s Interim Final Rule of October 8, 2020; Compliance with the District Court’s Modified Order
OFLC Announces Plan for Reissuing Certain Prevailing Wage Determinations Issued under the Department’s Interim Final Rule of October 8, 2020; Compliance with the District Court’s Modified Order

On January 20, 2021, the U.S. District Court for the District of Columbia in Purdue University, et al. v. Scalia, et al. (No. 20-cv-3006) and Stellar IT, Inc., et al. v. Scalia, et al. (No. 20-cv-3175) issued a modified order governing the manner and schedule in which the Office of Foreign Labor Certification (OFLC) will reissue certain prevailing wage determinations (PWDs) that were issued from October 8, 2020 through December 4, 2020, under the wage methodology for the Interim Final Rule (IFR), Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, 85 FR 63872 (Oct. 8, 2020), and at the request of employers under the H-1B, H-1B1, and E-3 temporary programs and PERM labor certification program.

The Department is taking necessary steps to comply with the modified order issued by the District Court. Accordingly, OFLC will be reissuing certain PWDs issued under the Department’s IFR in two phases.

Employers that have already submitted a request in response to the December 3, 2020 announcement posted by OFLC have been issued a PWD and do not need to resubmit a second request for reissuance or take other additional action.

Source: U.S. Department of Labor

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