8老师,看到您的回答,我非常吃惊,这是学校律师给我的邮件原话:
As I previously mentioned, the H-1B visa process may take 3-4 months even if we request Premium Processing and Rush expedited services for the petition. The prevailing wage determination from Dept. of Labor takes 8-10 weeks for issuance and that is the first step of the process.
我现在也不确定到底该怎么办了。律师上周跟我说,现在我的case正在pending PWD.
您有什么建议吗?
-Any experienced immigration lawyer will get the PWD online to file LCA (not need DOL official PWD for LCA for H-1). So, you may talk to the lawyer to get the PWD from OFLC NPC (OES) at this website and use it to file LCA certification application (ignore the pending PWD):
http://www.flcdatacenter.com/
如果像您说的那样,PWD和LCA都这么快,有没有什么policy的链接可以给我一下,我好跟学校argue.谢谢您!
-Here is some related information (you can Google to find a lot of information on this issue):
1. The following from:
http://www.klaskolaw.com/faqs.php?action=view&id=287
Q. Must I request a prevailing wage determination from DOL?
A. It depends. If a PERM labor certification application is being submitted, the answer is yes. A formal PWD issued by the DOL is required for every PERM filing.
However, the same is not true for petitions for H-1B, H-1B1, and E-3 nonimmigrant classifications. For these classifications, a DOL PWD need only be obtained if the employer wishes to take advantage of the DOL’s ‘safe harbor’ provisions.
2. The following from:
http://www.usavisanow.com/h-1b-visa/h1b-visa-resources/labor-condition-application-lca/the-first-lca-requirement-regarding-wages/
(2) The prevailing wage for the occupational classification in the area of intended employment must be determined as of the time of filing the application. The employer shall base the prevailing wage on the best information available as of the time of filing the application. Except as provided in this section, the employer is not required to use any specific methodology to determine the prevailing wage and may utilize a wage obtained from an OFLC NPC (OES), an independent authoritative source, or other legitimate sources of wage data. One of the following sources shall be used to establish the prevailing wage:....................
3. The following is from:
http://www.avvo.com/legal-answers/hello----how-long-does-it-usually-takes-to-get-pre-1141867.html
Best answer
There is no premium processing. However most immigration lawyers simply get certified LCAs for an H-1B. An official PWD determination is normally only used immigration petitions. You can certify an the DOL will certify an LCA in a week or less.