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Will the job opportunity on the original and refiled application not be considered identical

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Will the job opportunity on the original and refiled application not be considered identical if, for instance, the prevailing wage has changed?

According to the Labor Department:

No, having a different prevailing wage on the refiled application from that on the original will not impact whether or not the job opportunity is identical. For a job opportunity to be identical, the regulation requires that the employer (including address), alien, job title, job location, job requirements, and job description be identical in both the original and refiled applications. It is quite possible that the prevailing wage in the new application, which must be filed in accordance with the PERM regulations and which must evidence a current prevailing wage, will not be the same as the prevailing wage in the original application.
‹ Refiling a labor certification application filed under the previous regulations and retaining the original filing dateupShould an employer withdraw an earlier application and refile under PERM? ›

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