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Must the company refile LCA if new prevailing wages are issued by Dept of Labor?

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  • Must the company refile LCA if new prevailing wages are issued by Dept of Labor?

    My LCA (Labor Condition Application) was first approved in November 2011. Due to company layoffs the following month my employer could not file the PERM application. So we had to wait 6 months. So in April 2012 the company resubmitted the approved LCA to the Labor Department so that we wouldn't waste any time once the 6 months were up in June 2012. This LCA was reapproved at that time.

    Now in July the Department of Labor has issued new prevailing wages for my job category. My company's lawyer is saying that we cannot use the re-approved LCA because of this change.

    Is there a way to to use the existing LCA, so that we can proceed with the PERM application? Or must we wait another month or so before a new LCA is approved?

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