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Listserv Q&A for
"Filing PERM Cases For Advanced Practitioners"

For more info, or to signup online, click here.
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Question:

Guidance of wage stated that level I should be used for trainer but not qualified worker. I received level I from SWA after 3/8/05 4 tier wage system. Is this wage can be challenged by DOL later?

Answer by Gary Endelman:

I suspect that DOL will not allow two cases at the same time but this is a fluid issue and DOL has never formally said one way or the other. I think an SWA wage finding can be relied on during the period of its validity.


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