Call Us Today: 202-787-1944


Immigration News
Changes in immigration that impact your life.

Home  >  Immigration News  >  News Archive  >  Work Visas  >  News Article

News Jump: 


OFLC issues Q&As regarding delays in issuing PWD and H1B LCAs
ARTICLE TOOLS
Print This Article
Discuss This Topic
Create News Alerts

On September 12, 2011, the Office of Foreign labor Certification (OFLC) issued Questions and Answers regarding the delays in issuing Prevailing Wage Determinations (PWD) and H-1B Labor Condition Applications (LCA). Reminding employers that they can obtain a prevailing wage on their own without the assistance of the National Prevailing Wage Center (NPWC), OFLC observed that DOL’s regulations provide the employer with the following alternative sources for obtaining a prevailing wage in support of an H-1B application:

  • A wage rate set forth in a collective bargaining agreement (CBA);
  • A wage rate for the occupation and area of intended employment under either the Davis-Bacon Act (DBA) or the McNamara-O'Hara Service Contract Act (SCA), which are available at http://www.wdol.gov
  • A wage rate produced by a survey conducted by an independent authoritative source that meets the requirements set forth in Departmental regulations; or 
  • A wage rate produced by another legitimate source of information, including the Bureau of Labor Statistics Occupational Employment Statistics Survey (OES) data, which is available at http://www.flcdatacenter.com.

OFLC mentioned that as long as the employer provides a prevailing wage in support of its H-1B application, whether through obtaining a PWD from the NPWC or through the other sources listed above, there should not be any consequences to the foreign worker on whose behalf the H-1B application was filed. 

OFLC however cautioned that if the H-1B employer selects an incorrect prevailing wage, then the employer is responsible for that wage attestation in the event of an investigation or enforcement action. The Department’s regulations state that when an employer obtains a prevailing wage determination from the NPWC, the Department of Labor will accept that wage as correct and will not question its validity, i.e. the employer is granted “safe harbor”. However, the Department cannot grant this same "safe harbor" to employers who obtain their own prevailing wages under the regulations. 



ARTICLE TOOLS
Print This Article
Discuss This Topic
Create News Alerts



MORE WORK VISAS STORIES:
H-1B1, E-3 Nonimmigrants Eligible for 240 Days Continued Employment When Extension Application is Pending
Additional H-1B and L-1 Filing Fees Imposed for Certain Employers
Border Security Fee $2,000 and $2,250 For H-1B and L-1 Petitions Is No Longer Required
Infosys Pays Record $34 million to Settle Allegations of Systemic Visa Fraud and Abuse of Immigration Processes
More >>

TOP STORIES:
New Final Rule Regarding I-140 Priority Date Retention, Portability, and Issuance of EAD to Certain Individuals Published
USCIS Announces Fee Increases for First Time in Six Years
EB-5 Regional Center Program Extended Through December 9, 2016
USCIS Publishes New Form I-131A, Application for Travel Document (Carrier Documentation)
More >>

News Jump: 

U.S. Immigration Attorney - Consult Now!

IMMIGRATION CENTER
Immigration Services
  Fast, Easy and Economical Avoid Costly Immigration Errors!
Immigration Guide
 Know Your U.S. Immigration Options
Immigration Law FAQ
 Detailed Answers to Your Immigration Questions
Immigration Articles
  Interesting and Useful Articles on a Variety of Relevant Topics

How can we help you?
NEWSLETTER - FREE!
Receive latest immigration updates and free legal tips by e-mail. Sign up now!
IMMIGRATION DICTIONARY
Legal terms explained in plain English!
RELATED ARTICLES
H1B Address Change of Work Locations: When Do You Have To File H1B Amended Petitions?
H1B Visa Lottery 2017: Improving Your Odds of Success
H1B Visa Cap 2017: Things You Must Know
Filing H1B Cap 2018 Petitions:How To Get A Head Start With VisaPro’s H1B Visa 2018 Timeline
H1B Cap Exempt Employers: How Do You Find Out If You Qualify?
H-1B Cap Has Reached:How Do You Hire H-1B Cap Exempt Candidates?
2018 H1B Cap Petitions:How To Properly File With USCIS
H1B Cap Exempt – Are You Eligible?
5 Common H1B Cap 2018 Filing Mistakes - How to Avoid Them
H1B Cap 2018 Filing Secrets: Why You Should Plan Now?
More Articles...

CONSULT ATTORNEY
Get a detailed, written opinion online in less than 3 business days from a licensed immigration attorney.
Experienced Immigration Attorneys - Consult Online or By Telephone

YOUR SUBSCRIPTIONS
Alerts & Newsletter
Create and Manage your
e-mail alerts for FREE.
RSS