PERM Labor Certification: 9141 Validity

Be sure to study carefully the validity period of a 9141 prevailing wage determination.

Some thoughts about 9141 prevailing wage determinations --

-- The most significant data point about 9141s are that they are SUPER SLOW. It can easily take 6 months to obtain a 9141 determination from DOL and a 9141 determination is required to file all PERM labor certification applications.

-- For much of the year, 9141 determinations are valid through 6/30 of the following year. So if you get a 9141 determination in July or August, it will be valid through 6/30 of the following year. That is pretty nice because you can use that determination throughout that year.

-- But as you get close to July 1 (when prevailing wage rates are updated), the 9141 determination is only valid 90 days. This is important because recruitment generally needs to start during the validity period of the 9141. [Note that there is some nuance to these rules so study them carefully].

-- This year in July 2022 there are two possible big things coming - first is the possibility of completely new occupational codes and the second is the fact that we are in this era of historic inflation, which means that prevailing wage rates may be crazy high. If you submitted a 9141 determination in January, and you end up getting it July, and the wage is crazy high, then it might take another 6 months to get a revised determination if the employer wants to revisit the minimum requirements.

All of this argues for starting PERM early. There are lots of landmines along the way.