What is Prevailing Wage Determination

Tanya Freedman, CEO Connetics USA Nursing Job Agency: Can you explain the PWD current Chris?

Atty. Chris Musillo: There is no real phrase PWD is current, although I would imagine people are using that colloquially. So what happens isn't the nurse green card process is the very first thing a new employer, which is seeing an employer who has never filed for a nurse or at least hasn't recently filed for nurse petition, what that employer has to do, whether it's a staffing company or a hospital group or a nursing home group or whoever the employer is, the first step they have to do is they have to file a prevailing wage determination with the US Department of Labor. That process right now is taking something like seven or eight months and there's no expedite, there's no premium processing. There's nothing that that can speed that up.

And it's a shame because it really should take about 15 minutes is the reality, but nevertheless, so it takes six or eight months. And either at the end of that process after it's been certified, or shortly before it's certified, there actually is a second step that the employer has to take, which is for most employers who are not union hospitals, they actually have to hang a notice paper notice in the facility for 10 days, and then that has come down for 30 days. So it's about a month and a half. And then even that seven or eight month process has to be completed before any nurses I-140 immigrant visa petition can be filed. So for hospital groups, staffing companies, etc, who regularly hire nurses, foreign nurses. This process, the prevailing wage process sort of happens behind the scenes and is continually ongoing. And so therefore, anytime a new nurse is offered a position it's usually pretty immediate current pretty immediate that the immigrant visa application can be filed. Now of course, the nurse and the recruiter and the law firm have to work through some paperwork and documents.

So it's, you know, and the filing is pretty thick. So, you know, it may take a few weeks, but it can essentially be filed immediately. If a prevailing wage determination isn't current or Well, we've called certified, then you have to wait that seven or eight month period, which unfortunately just means that it's going to be a little longer until you get your green card. So that's the distinction between an employer who says they have a current PWD or certified pdapp versus one who does not. Okay, thank you, Chris. So that gives a really good explanation. We know that for many viewers, this is very confusing. There's a lot of terminology here. I know, one nurse said to me the other day, it's like learning a different language. And so I definitely would encourage you to watch again, if you're just joining the show. Now, I've mentioned this before, please go to the Connetics USA website, and watch the show on the consumer green card process on the Adjustment of Status process, you can download the guide books, and this will give you a clear outline of all the different steps in the process, what they mean, what the timing is, and how that would pertain to you as a healthcare worker.