The foreign worker can still serve out the remainder of their existing U.S. temporary visa, and may well be able to re-apply for Permanent Labor Certification and be approved.
The prevailing wage is based on what an average U.S. worker earns in the same position as the sponsored job, at the same approximate work location.
For example, an advanced level U.S. computer programmer would typically have a higher prevailing wage if employed in the San Francisco Bay Area than in Indianapolis.
The PWD is designed to ensure that U.S. salaries are not dragged down or undercut by hiring foreign workers through the Permanent Labor Certification process.
After the PWD has been issued, the labor market needs to be tested by the sponsoring employer to see if there any U.S. workers who both possess the minimum qualifications and are willing to do the job at the desired work location, at the PWD-determined salary.
[7] DOL can deny Permanent Labor Certification if it deems proper procedures have not been followed, or request an audit.
As with Prevailing Wage Determination decisions, sponsoring employers can appeal DOL denials of Permanent Labor Certifications with BALCA.
After complying with those instructions, the employer needed to persuasively argue why any U.S. applicants for the position were unqualified - otherwise the petition would be denied.
Under RIR, the sequence of events was reversed: the employer first did the recruiting, and then filed the case with evidence that no minimally qualified U.S. workers could be found.
Because of congressionally mandated annual quotas, there may not be enough visas available to grant green cards to everyone who is approved by PERM, which may have played a role in the retrogression of priority dates on September 13, 2005.
Its backers argue that it is a rigorous procedure for determining that only foreign workers who truly have skills needed by the U.S. labor market and not readily available locally are hired.