Prevailing Wage Notes 7/20/2010

• New OES wage survey data was released on July 1, 2010.

• The wage data used in making the determination is the data available at the time of issuance rather than at the time of filing.

• 89% of PWD requests are now submitted electronically through iCert.

• Processing time is currently less than 50 days.

• DOL requests that a paper copy of a submission not be sent in after a request has been made via iCert.

• PWDs are final unless there is a mistake made by DOL.

• New FAQ’s concerning the prevailing wage process are expected to be published soon.

• The most common error in completing the Form 9141 is at part D.c.4 request for “COUNTY”, not “COUNTRY”. If this question is completed incorrectly, the request will be denied.

• PWD redeterminations are processed in FIFO order.

• DOL recommends utilizing the iCert function for redeterminations.

• Redetermination would be appropriate if the attorney disagrees with the wage level assigned.

• If DOL has made a clear typographical or technical error in a PWD, send a request for correction to [email protected]

• If there is a technical systems or computer‐related problem, contact [email protected]

• DOL stated that there should no longer be an issue related to clinical faculty obtaining ACWIA wages. If you want an ACWIA wage, then so note clearly in the job description section (D.a.6 ) of Form 9141, set apart by asterisks.

• If you have an issue with DOL determining that an employer is ACWIA eligible, and USCIS has already determined that the employer is cap exempt, let DOL know as that can be persuasive, but not determinative.

• If you would like to cancel a request for redetermination, send an email requesting withdrawal.

• DOL indicated that where the application type on Form 9141 is indicated as H-1B or PERM, the form can be used interchangeably for a PERM application or an LCA.

• There is no “expedite” option for PWD requests.

• DOL requests that when a private survey will be used in a PWD, that Form 9141 be submitted via iCert and the hard copy survey data be submitted via mail referencing the Form 9141 iCert tracking number. Do not submit the hard copy with another Form 9141. Currently submission of the private survey data cannot be made electronically via email transmission of a PDF.