Irving, TX asked in Immigration Law for Texas

Q: PERM/EB2. Can we start the recruitment step while we are waiting for the Prevailing Wage Determination?

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1 Lawyer Answer
Matthew J Hartnett
Matthew J Hartnett
Answered
  • Immigration Law Lawyer
  • Philadelphia, PA

A: In theory yes, but it's not usually a good idea to do so. There are two schools of thought on this issue. Generally speaking, it is always better wait for the prevailing wage determination (PWD) to be issued, but we are now in the era of PWDs taking over 90 days. The reason it's better to wait is because there are additional risks associated with recruiting before the PWD is issued. So you should discuss this with your lawyer. Some people recruit while the PWD is pending and have no issues. Others wait. And others recruit while PWD is pending and have problems. Talk with your lawyer to help decide which is best for you.

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