Dr. William:

I plan to file EB1-Outstanding Researcher I-140 application with the help of your Complete Do-It-Yourself Package. At the same time, my employer will also help me to file PERM Labor Certification to increase my Green Card approval chance. 

After my employer got the prevailing wage determination from the State Department of Labor, we realized that it is valid only within 90 days, but my employer has not begun the recruitment process yet at this time. What could we do for this kind of situation?

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Answer:

The U.S. Department of Labor's National Processing Center has confirmed that for PERM labor certification cases, it is permissible to file a case after the prevailing wage determination validity period has ended. The employer must either file the PERM application or begin the required recruitment within the validity of the prevailing wage determination. 

The validity period of a prevailing wage determination issued by a State Workforce Agency can vary from 90 days to one year. Since it is permissible to either file or start recruitment during that time, those cases for which recruitment began during the validity period may be filed after the validity period ends.