Prevailing Wage Determination New Procedure

On December 19, 2008, the Department of Labor (DOL) published a final rule regarding the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining prevailing wage determination requests for use in the H-2B temporary non-agricultural labor certification program directly from the Employment and Training Administration’s (ETA) appropriate National Processing Center (NPC)–which was designated as the Chicago NPC of the final rule. Beginning on January 1, 2010, the aforementioned final rule would also federalize prevailing wage determination process for use in the H-1B, H-1B1 (Chile/ Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.

Effective on January 1, 2010, the processing of all PWD requests for the above-referenced labor certification programs will be centralized in the Office of Foreign Labor Certification (OFLC)’s National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC. The NPWHC will receive and process prevailing wage determination requests in accordance with the applicable regulations and DOL guidance.

The procedure is making a prevailing wage determination is as follows:

  1.   Requestors must submit prevailing wage determination requests using the Application for Prevailing Wage Determination (Form ETA-9141).
  2. Requestors must submit prevailing wage determination requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address: U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center, Attn: PWD Request; 1341 G Street, NW., Suite 201, Washington, DC 20005- 3142.
  3. Employers are to use Wage Documentation for H-1B, H-2B and Permanent Labor Certification Programs.
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