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8老師，看到您的回答，我非常吃驚，這是學校律師給我的郵件原話：

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.

我現在也不確定到底該怎麽辦了。律師上周跟我說，現在我的case正在pending PWD.


您有什麽建議嗎？
-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/


如果像您說的那樣，PWD和LCA都這麽快，有沒有什麽policy的鏈接可以給我一下，我好跟學校argue.謝謝您！
-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.

所有跟帖： 

• 謝謝8老師 -zmoker- ♂ (198 bytes) () 07/30/2015 postreply 12:45:01

• Reply -863211- ♂ (831 bytes) () 07/30/2015 postreply 13:15:35

• 謝謝 -zmoker- ♂ (118 bytes) () 07/30/2015 postreply 13:47:38

• Reply -863211- ♂ (405 bytes) () 07/30/2015 postreply 13:55:49

• 非常感謝！！ -zmoker- ♂ (28 bytes) () 07/30/2015 postreply 13:59:33