DOL Updates Prevailing Wage Determination (PWD) FAQs
On March 15, 2011, the Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) updated guidance on prevailing wage requests. The updates to the PWD FAQs follows:
GENERAL
[1. March 24, 2010]
2. How can I check the status of a prevailing wage application I filed using the
iCERT System?
You can check the status of your case through your iCERT System account at
REQUESTING A PREVAILING WAGE DETERMINATION (PWD)
[1. March 24, 2010]
2. I submitted a prevailing wage request via the iCERT System. Should I also mail a
copy of the ETA 9141 to the NPWC?
No. Please submit only one ETA 9141 per prevailing wage request. In order to reduce the
number of duplicate PWDs, employers must not mail copies of ETA 9141s that were
submitted via the iCERT System. In addition, employers should not submit multiple
requests, via the iCERT System or mail, for the same PWD request.
[3, 4. March 24, 2010]
PWD FORM (ETA FORM 9141)
[1 - 3. March 24, 2010]
4. Are there any items on the ETA 9141 that requestors are routinely leaving
incomplete and may cause a delay in processing or result in the request being
voided?
Yes. As a general rule, requestors must complete all required items on the ETA 9141.
Although entries may vary based on the visa classification supported by the application,
there are items on the ETA 9141 that requestors are routinely leaving incomplete or
incorrect. Such items include:
• Item D.a.6, job duties. In item D.a.6., the employer must provide a description
that details the duties with enough specificity to issue a prevailing wage
determination under a relevant Standard Occupational Code (SOC). To do this,
the employer must specify the field(s) and/or product(s)/industry(ies) involved,
any equipment the employee will use, and pertinent working conditions.
• Items D.b.1-1b, education. In item D.b.1, mark only one U.S. diploma or degree
as the employer's minimum requirement. If you choose "Other degree", indicate
in item D.b.1a the specific U.S. diploma or degree (e.g., JD, MD, DDS, etc.). If
the position requires a degree, in item D.b.1b indicate the major(s) and/or field(s)
of study for the required degree.
• Items D.b.4-4b, employment experience. If the employer checks 'No' to the
experience question or leaves it blank, but indicates the number of months of
experience required, we will consider that as a 'Yes'. In addition, if the job duties
(item D.a.6) or the special requirements (item D.b.5) indicate that the position
requires employment experience, the requestor must ensure it corresponds with
the answers to items D.b.4-4b.
• Items D.c.1-6, place of employment. "N/A" is not an acceptable answer for place
of employment, and the ETA 9141 will be voided and returned to the requestor.
The employer must provide the complete street address, city, county, and state for
the location where the work will be performed.
• Item D.c.3, the city of the place of employment. Enter the appropriate city for the
worksite address. For Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, and Vermont, enter the city or town, as appropriate.
• Item D.c.4, the county of the place of employment. Enter the appropriate county,
not country (USA), for the worksite address. For Alaska, enter the appropriate
borough or census area. For Louisiana, enter the appropriate parish. If the city is
not part of any county, enter the city as the county.
• Item D.c.7 and D.c.7a, multiple worksites. If there are multiple worksites, identify
the geographic place(s) of employment indicating each Metropolitan Statistical
Areas (MSAs) or the county (or independent
city(ies)/township(s)/borough(s)/parish(es) as appropriate) and the corresponding
state(s) where the employee will work. The employer must provide enough
geographic detail to cover all the known worksite locations of intended
employment. The NPWC does not require employers to input every physical
address worksite for the prevailing wage determination. The NPWC deems it
sufficient to provide the appropriate MSA or the county (or independent
city(ies)/township(s)/borough(s)/parish(es) as appropriate) and the corresponding
state(s) where the employee will work.
ISSUANCE AND RECEIPT OF A PWD
[1 - 5. March 24, 2010]
6. Why did the PWD I received have a different SOC than the one I suggested on the
ETA 9141 item D.a.2. and 2a.?
The NPWC assigns a SOC based on a review of the job duties (item D.a.6.) and special
requirements (item D.b.5.) listed on the ETA 9141. In addition, we may consider other
items on the ETA 9141 such as the education requirements (D.b.1-1b.) or employment
experience (D.b.4-4b).
7. I included multiple worksites on the ETA Form 9141 and I received wages for all
of the worksites. Is the wage listed on page 4 of the ETA Form 9141 (Item E.4) the
required prevailing wage?
The wage entered on page 4 of the ETA Form 9141 corresponds to the worksite location
listed in D.c.1 to 6. The NPWC must provide wages for each location listed in the
application. However, the NPWC does not dictate how the employer should use those
wages to comply with the applicable program regulations and guidance. The employer,
therefore, must ensure that it offers a wage that complies with the appropriate regulation
and program specific guidance.
8. Does a prevailing wage determination expire?
Yes. Each prevailing wage determination issued by the NPWC has a validity period
which can range from no less than 90 days to one year. The validity period of a PWD is
the period between the determination date and the expiration date, as listed in Items E.8
and E.9 of the approved Application for Prevailing Wage Determination (ETA Form
9141).
PROGRAM SPECIFIC INFORMATION
[1 - 3. March 24, 2010]
4. The questions on the 9141 do not match the questions on the 9089 PERM form.
Can OFLC revise the 9141?
No. The 9141 form is used to provide prevailing wage determinations for multiple OFLC
programs. Some fields may not apply to all programs.
ALTERNATE WAGE SOURCES
[1 - 3. March 24, 2010]
4. How do I request that the NPWC use a Higher Education American
Competitiveness and Workforce Improvement Act (ACWIA) wage in determining
the prevailing wage?
ACWIA wages provide a prevailing wage based on a sample of similar institutions apply
to occupations in institutions of higher education, related or affiliated nonprofit entities,
nonprofit research organizations, or governmental research agencies. On the ETA Form
9141 item D.a.6 (Job Duties), after the description of job duties, include the following
statement surrounded by asterisks: "***This employer is an institution of higher
education or a research entity under 20 CFR 656.40(e). ***"
5. I am an institution covered by ACWIA, but there is no ACWIA wage for the
suggested SOC I want to use. How will the NPWC apply an ACWIA wage?
The NPWC must issue an ACWIA wage for all institutions covered by ACWIA. When a
SOC is assigned to an occupation that does not have an ACWIA wage, the NPWC will
use wages for the closest occupation where an ACWIA Higher Education wage is
available. The NPWC will enter an explanation of the assigned wage into the Additional
Notes section of the PWD.
[6. March 24, 2010]
7. I submitted a survey with a request for a prevailing wage determination, but the
determination I received had an OES wage? Why was the survey not used?
When the NPWC does not accept a survey, the NPWC includes an explanation in the
Additional Notes section of the ETA Form 9141 as to why the survey does not meet the
requirements. If the requestor did not include a notation on the ETA Form 9141
requesting the use of survey, the PWD may have been processed prior to the survey being
matched with the record. If the survey was referenced on the ETA Form 9141 and the
PWD did not include an explanation for non-acceptance, send an email to
FLC.PWD@dol.gov with the subject line: Request for Review of Survey: Wage Source
P-xxx-xxxxx-xxxxxx.
To ensure that the NPWC matches the submitted surveys with the appropriate PWD
request, requestors must clearly indicate in the job duties section of the ETA Form 9141
the request for an alternative wage source. For prevailing wage determination requests
submitted via the iCERT system, employers must submit the supporting wage
documentation to the NPWC along with the iCERT case number. The NPWC will accept
copies of surveys by email at FLC.PWD@dol.gov.
8. I submitted a 9141 using iCERT and requested the use of a survey. If I mail in a
survey, should I also include a copy of the 9141?
No. Include a cover letter that includes reference to the iCERT prevailing wage case
number. The NPWC will accept copies of surveys by email at FLC.PWD@dol.gov.
Please reference the prevailing wage case number in the email along with the survey.
9. Can the employer provide a survey with a redetermination request after the
NPWC has issued a prevailing wage determination?
No. If the employer seeks to utilize a wage survey, the employer must submit the survey
with the original prevailing wage request. The NPWC will reject redetermination requests
to consider surveys that were not submitted with the original prevailing wage and the
NPWC will require the employer to submit a new prevailing wage determination request
with the wage survey included.
PWDs FOR SPECIFIC OCCUPATIONS
[1. March 24, 2010]
2. I see a new SOC user guide was issued by BLS in February 2010 and that it
contains some new occupations. How are PWDs for these new occupations affected
by this guide?
BLS conducts wage surveys once a year using current SOCs. Therefore, BLS may release
wage information for new occupations in their July 2011 data release. Questions
regarding when the new SOC will be implemented by BLS should be directed to BLS. In
the meantime, the NPWC will issue PWDs using the closest SOC for which data is
available.
3. I suggested an "All Other" SOC on the PWD request I submitted, but the
determination I received had a different SOC? When are "All Other" SOCs used?
The NPWC assigns the most applicable SOC based on the job duties provided in the
prevailing wage request. The NPWC only uses "All Other" SOCs (e.g., Biologists, All
Other) when it cannot identify a more specific SOC.
4. Are all Postdoctoral Fellow positions considered entry level?
No. The NPWC considers a Postdoctoral Fellow position as entry level unless the
position requires significant experience. If the employer requires significant experience
and/or training for a Postdoctoral Fellow position, the NPWC may issue a wage higher
than a level one. Additionally, if the position requires supervising other postdoctoral
fellows or has other significant special requirements or duties, the wage issued may be
higher than a level one.
RETURNED OR VOIDED PWD REQUESTS [March 24, 2010]
HELP WITH PWDs
[1, 2. March 24, 2010]
3. How can I contact the National Prevailing Wage Center (NPWC)?
You may contact the NPWC by sending an e-mail to FLC.PWD@dol.gov. You may also
contact the NPWC by phone at (202) 693-8200 between the hours of 8:00 a.m. and 5:00
p.m., Eastern Time. However, the phone representative only provides basic information
and will direct most inquirers to send their inquiries to the NPWC's mailing address and
the NPWC's e-mail box at FLC.PWD@dol.gov.
4. To whom will the NPWC provide information regarding a submitted prevailing
wage request? If I have a question or issue regarding a submitted request for a
prevailing wage determination, can I or my representative receive information from
the NPWC?
The NPWC will only provide application specific information to individuals named as
the Requestor Point-of-Contact on the ETA Form 9141, Section B. The NPWC cannot
provide information to persons not named as the point-of-contact.
iCERT PORTAL
[1. March 24, 2010]
2. I am having technical problems completing my application in iCERT. Whom
should I contact?
If you are experiencing technical problems with iCERT, please contact the OFLC iCERT
helpdesk at OFLC.PORTAL@dol.gov.
CORRECTIONS
1. I received a PWD from the NPWC, but then realized I wanted to change or
correct some information I had originally submitted on the 9141. Whom do I
contact at the NPWC to make the changes?
All PWDs issued by the NPWC are final. The only exception is when the PWD contains
an inaccuracy caused by the NPWC. If the employer wants a PWD with different entries,
the employer must submit a new request.
2. How can I request a correction to a prevailing wage determination?
An employer who receives a PWD that contains one or more government generated
errors (i.e., that are not the result of preparer errors on the ETA Form 9141), must request
a correction of the PWD by sending an email to FLC.PWD@dol.gov. The subject line
should read: Request for Correction: P-xxx-xxxxx-xxxxxx. Examples where an employer
may request a correction include, but are not limited to, the following: a mismatch
between the wage level and the wage amount; an incorrect validity period; or a non-
American Competitiveness and Workforce Improvement Act (ACWIA) wage for an
ACWIA institution. Please note: employers must not use the correction process to request
a redetermination of an NPWC-issued PWD.
REDETERMINATIONS
1. I disagree with the PWD. How can I request a redetermination?
An employer may request a redetermination by filing supplemental information as
provided under 20 CFR 655.10(g) and 656.40(h). If the employer submitted the original
prevailing wage request via iCERT, the employer should use the redetermination request
option in iCERT to submit the redetermination request within 30 days from the date of
the prevailing wage determination and provide any supplemental information via email to
FLC.PWD@dol.gov. For prevailing wage requests originally submitted via mail, the
employer must send their request for redetermination and supplemental information
within 30 days from the date of the prevailing wage determination to the following
address:
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
National Prevailing Wage Center
Attn: PW Redetermination
1341 G Street, NW
Suite 201
Washington, DC 20005-3105
2. When should I use the redetermination request option in the iCERT system?
In iCERT, employers must use the redetermination request option for redeterminations of
the prevailing wage issued by the NPWC. Employers must not use it for iCERT issues or
other questions. For questions or issues regarding a PWD, including corrections, please
email the NPWC at FLC.PWD@dol.gov. For issues with the iCERT system, please send
an email to OFLC.PORTAL@dol.gov
3. How will submitting a redetermination request impact the validity period of my
existing prevailing wage determination?
If the NPWC affirms the employer's redetermination request, the prevailing wage validity
period remains the same. If the employer's redetermination request is modified, the
NPWC will update the prevailing wage validity period to reflect the redetermination
decision date. If the employer requests a redetermination based on a PWD issued before
the release of new OES wage data that is available at the time of the redetermination, the
NPWC will use the new OES wage data and establish a new validity period.
4. Can the employer provide a survey after the NPWC has issued a prevailing wage
determination with a redetermination request?
No. If the employer seeks to utilize a wage survey, the employer must submit it with the
original prevailing wage request. The NPWC will reject requests to consider surveys
upon redetermination when the employer did not include a survey with its original wage
request. Instead, the NPWC will require the employer to submit a new prevailing wage
determination request with the wage survey included.
CENTER DIRECTOR REVIEWS/CHALLENGES/CO REVIEWS
1. I disagree with the PWD redetermination issued. How can I file a request for
Center Director Review/Challenge under the H-1B or PERM programs or a request
for CO Review under the H-2B program?
For the H-1B and PERM programs, employers must submit requests for Center Director
Review/Challenge in writing no more than 30 days after determination. Employers must
send their requests for Center Director Review/Challenge to the following address:
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
National Prevailing Wage Center
Attn: PW Center Director Review
1341 G Street, NW
Suite 201
Washington, DC 20005-3105
For the H-2B program, employers must submit requests for CO Review in writing no
more than 10 days after determination. Employers must send their requests for CO
Review to the following address:
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
National Prevailing Wage Center
Attn: PW CO Review
1341 G Street, NW
Suite 201
Washington, DC 20005-3105
APPEALS
1. I disagree with the final CO Review, Director Challenge or Director Review. How
can I file an appeal with BALCA?
For all programs, employers must submit requests for review by the Board of Alien
Labor Certification Appeals (BALCA) in writing no more than 30 days after
determination. Employers must send their requests for BALCA review to the following
address:
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
National Prevailing Wage Center
Attn: PWD Appeal
1341 G Street, NW
Suite 201
Washington, DC 20005-3105
2. Can I submit additional information on appeal?
No. Appellate review is completed based solely on the record up to the date of the final
CO determination. Only the information that was submitted under § 655.10(g) or
656.40(h) will be included in the appeal file.
WITHDRAWALS
1. I submitted a PW request using iCERT, but now I want to withdraw the request.
Whom do I contact at the NPWC to request a withdrawal?
Employers/attorneys can withdraw a case themselves using the Withdrawal feature in
their iCERT account.
CNMI PREVAILING WAGE DETERMINATIONS
1. How does the NPWC calculate the prevailing wage for nonagricultural
(permanent, H-2B, H-1B, H-1B1, E-3) positions in the Commonwealth of the
Northern Mariana Islands?
The NPWC follows the appropriate program's regulations with respect to determining
prevailing wages in CNMI. As with all prevailing wage determinations, if the job
opportunity is covered by a collective bargaining agreement (CBA) that was negotiated at
arms-length between the bargaining representative and the employer, the wage rate will
be set by the agreement. If the job opportunity is not covered by a CBA, the employer
may provide a survey that complies with the regulations for the specific visa
classification at: 20 CFR 655.10(f) (for H-2B positions), 655.731(2)(A) (for H-1B, H-
1B1, E-3 positions), or 656.40(g) (for H-1B, H-1B1, E-3 or permanent positions). If the
job opportunity is not covered by a CBA and the employer does not provide a survey or
provides one that does not meet regulatory standards, the employer may request that the
NPWC use a prevailing wage determined under the Davis Bacon Act (DBA) or the
Service Contract Act (SCA), as appropriate. See www.wdol.gov. If none of these
sources provide a CNMI wage for the occupation listed by the employer or for an
occupation requiring a substantially similar level of skills within the CNMI area of
intended employment, then the NPWC will use the Occupational Employment Statistics
(OES) wages of similarly employed workers having substantially comparable jobs with
employers outside of the area of intended employment. The Department has determined
that Guam is the most similar area of intended employment where OES wages are
available, due to its close physical and economic proximity to the CNMI. Accordingly,
for prevailing wage determinations based on the OES survey, Guam OES wages are used
<- Back to: News & Articles
New York City Office
469 Fashion Ave, Fl 12
New York, New York 10018
(212) 731-2444
Dallas Office
2626 Cole Ave, Ste 300
Dallas, Texas 75204
(214) 677-49904
This web site is law firm advertising. By accessing this site, you accept the Terms of Use. The information you obtain at this site is not, nor is it intended to be, legal advice. You cannot rely upon it as legal advice. By accessing this site, you are not creating an attorney-client relationship.