З цікавих апдейтів, змінилися трохи вимоги перед відправкою prevailing wage request
Цитата:
"Previously, the employment verification (EVL) and verification of experience (VOE) letters were only required to be on file for the second stage (I-140 filing) of the overall employment-based permanent residency process. However, the U.S. Department of Labor (DOL) has very recently implemented a series of significant changes to this first stage of the overall employment-based permanent residency process, which has resulted in an update to our evidence-gathering procedure.
We now require the PERM candidate to provide all evidence of qualifying education and experience, before the prevailing wage request (PWR) may be filed with the DOL.
In late April of 2023, the Department of Labor (DOL) announced that they were updating the mechanism for and the contents of the existing DOL Form ETA 9089: Application for Permanent Labor Certification (PERM). The changes became effective on June 1, 2023. The new PERM Application requires linking to the underlying prevailing wage determination (PWD), which is the basis for the PERM Application filing. In the previous filing system, we had the ability to enter the minimum position requirements, including the required education, professional experience, and special skills, in a free-form text box. That free-form option allowed us to account for any skills that were unable to be supported by the evidence (e.g. employment verification and/or verification of experience letters) on file. The new filing system simply links to the PWD, and does not allow changes or the addition of supplementary information. Additionally, there were recently a large quantity of PERM Applications that were denied by the DOL, due to a response to one of the form questions related to the position minimum requirements. The DOL reversed the denials, but provided new guidelines which mandate our listing of each acceptable related position job title, which would minimally-qualify a U.S. worker (or the PERM candidate) for the PERM position. Since the new PERM Application is directly linked to the PWD, we must be extremely prudent with the contents of the prevailing wage request (PWR).
In your case, the position requirements listed on the PWR have been drafted as, “Bachelor’s degree or foreign degree equivalent in Computer Science, or a related field plus five (5) years in in job offered or Performance QA Engineer, Analyst, Performance Engineer, or related occupation.” As you can see, we have included the three (3) job titles held during your time with the employers you intend to obtain experience letters from. As you can imagine, it would be detrimental to the timeline for your PERM case, if you were unable to obtain evidence of your experience in one or all of those positions, or if the job titles listed are not confirmed by your prior employer(s), because we would be forced to refile the PWR, which has an estimated DOL processing time of six (6) to fourteen (14) months. Thus, it is currently best practice to obtain the signed experience letters prior to filing/submitting the prevailing wage request (PWR)."
