The PERM prevailing wage determination we received came back too high for our company. We also believe that the Department of Labor misclassified the occupation or improperly increased the wage level based on certain requirements. Can we appeal the determination?
05 Jun 2025Answer
If an employer disagrees with the prevailing wage determination, they can first request a redetermination. If that is unsuccessful, they may request a director’s review. If that too is unsuccessful, the employer may appeal to the Board of Alien Labor Certification Appeals (BALCA). However, given the length of these review processes, it often is faster to submit a new prevailing wage request with adjustments to the position. (04.Jun.2025)
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