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Department of Labor to Revert to Previous Wage Data Per Court Ruling Starting December 4, 2020

Updated: Aug 1, 2022

On December 4th FLAG will be Updated with Lower Prevailing Wages

The Department of Labor is reverting to previous prevailing wages after litigation blocked their attempt to raise prevailing wages on Labor Certification Applications and PERM filings. The original increases in prevailing wages went into effect on October 8, 2020. Now the Foreign Labor Application Gateway (FLAG) portal is being updated on December 4, 2020 to reflect the lower prevailing wages. The updates will reflect wage data through June 30, 2021.

Employers Should Expect Processing Delay of PERMS and LCAs

There may be delays in processing PERMs and LCAs while these changes are being made. Employers should expect these delays for the next few months and plan accordingly. Additionally, the new wage information will be available at and should be checked to avoid any confusion when filing PERMs and LCAs.

Beginning December 4, 2020, the FLAG system may be temporarily unavailable and the OES wage calculator will be disabled until it reflects the changed wages. The updated portal will begin accepting new applications and requests on December 9, 2020.

Employers Should Check if Their Filings are Affected by These Changes

It is important that employers check with their corporate immigration attorneys to check if any of their filings are affected by these delays and that they comply with these new changes.

For the full Announcement by the Department of Labor CLICK HERE.

Danielle Atchison

Business Immigration Attorney


NOT LEGAL ADVICE: This article is for educational purposes only, it is not legal advice that may be applicable to our situation

The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.


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