Can we start recruitment for the labor market test before we get the prevailing wage determination from the DOL?

By regulation, an employer is not required to wait to receive the Prevailing Wage Determination (PWD) from the DOL to start the labor market test. However, there are problems associated with starting the Labor Market Test before receiving the PWD and it is very rarely advisable to do so. Obtaining the PWD, information and supporting documentation for the business necessity of the requirements (when necessary), documentation of the employer's ability to pay the required wage, and evidence that the foreign national meets all the requirements is like laying a strong foundation for a house. If a strong foundation is not laid first, then though the house may appear sound for awhile, it may crumble and fall over time. We understand that employers and employees are eager to move through the PERM process toward reaching the "green card" goal, but because there are many variables in building that green card "house," it is not best practice to rush through laying the foundation. We make every effort to guide employers and employees through the process as efficiently as possible without jeopardizing the integrity of the PERM.

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