Answer: As described in the Department’s December 4, 2009 Federal Register Notice (74 FR 63796), the National Prevailing Wage and Helpdesk Center (NPWHC) will process Prevailing Wage Determination (PWD) requests for H1B, H1B1 (Chile/Singapore), H1C (if reauthorized by Congress), H2B, E3 (Australia) programs, and the permanent labor certification program (PERM).
Question: What form should I use to request a Prevailing Wage Determination?
Answer: An employer must use ETA
Form 9141 to request a PWD from the NPWHC.
Question: How do I file a PWD request?
Answer: To request a PWD, an employer must mail a completed ETA Form 9141 to the
NPWHC at the following address:
U.S. Department of Labor
Employment and Training Administration
National Prevailing Wage and Helpdesk Center
Attn: PWD Request
1341 G Street, NW
Suite 201
Washington, DC 200053142
Question: Will the NPWHC accept prevailing wage determination requests
via fax, email, or other electronic means?
Answer: No. Initially, the NPWHC will only accept mailed in ETA Forms 9141. The
Department is, however, in the process of creating a prevailing wage module
on its iCert portal.
Question: Once the NPWHC makes a PWD, how will I receive it?
Answer: The Department’s strong preference is for the electronic transmittal
of PWDs. Therefore, we encourage all requestors to include their email addresses
on the ETA Form 9141, under item B15. Once a determination is made, the
NPWHC will email the requestor an electronic copy of the PWD. In order to
receive emails from the NPWHC, requestors should ensure that the domain
@dol.gov is not blocked by their email provider. If the requestor does
not provide an email address on its ETA Form 9141, item B15, the NPWHC
will send the PWD to the requestor’s mailing address by regular mail.
Question: How can I obtain assistance in preparing a PWD request?
Answer: Persons with questions regarding the preparation of PWD should consult
the OFLC website: www.foreignlaborcert.doleta.gov
Question: Once I submit a PWD request, how long will it take to receive
a determination?
Answer: The NPWHC is working to provide Prevailing Wage Determinations as quickly
as possible, in the firstin, firstout (FIFO) order. However, determination
times may fluctuate somewhat as the Department works to centralize processing
of PWD requests at the NPWHC. Therefore, we continue to encourage requestors
to submit their ETA Forms 9141 at least
60 days in advance of the employers’ initial recruitment efforts.
Question: What do I do once I receive my PWD?
Answer: Once an employer receives a PWD, the employer may begin recruitment or
file an application for foreign labor certification, depending on the
program. The employer must follow programspecific rules and regulations
for filing foreign labor certification applications. In addition, employers
may refer to
OFLC’s website: www.foreignlaborcert.doleta.gov for more information
on labor certification programs.
Question:
I already sent a PWD request to the State Workforce Agency (SWA) and have
not yet received a response. Will the SWA process my request?
Answer: SWAs have been instructed to complete all PWD requests received on or
prior to December 31, 2009. Any PWD request received at a SWA between
January 1, 2010 and up to and including January 15, 2010 will be forward
by the SWA to the NPWHC. Any PWD request received at a SWA after January
15, 2010 will be returned to the requestor with instructions on how to
file the PWD request with the NPWHC.
Question: I sent a request to the Chicago National Processing Center (CNPC)
for an H2B Prevailing Wage Determination. Will the CNPC process my request?
Answer: The CNPC will complete all H2B PWD requests received on or prior to December
31, 2009. H2B PWD requests received at the CNPC between
January 1, 2010 and up to and including January 15, 2010 will be forward
by the CNPC to the NPWHC. However, any H2B PWD request received at the
CNPC after January 15, 2010 will be returned to the requestor along with
written instructions on how to file a PWD request with the NPWHC.
Question: What do I do if I have a problem or issue with a PWD request I submitted
to the NPWHC prior to receiving a determination?
Answer: For issues with PWD requests prior determinations being issued, please
email the NPWHC at FLC.PWD@dol.gov.
Question: I received a PWD from the NPWHC, but I misplaced it. How can I get a duplicate
copy of the PWD?
Answer: To request a duplicate PWD, send an email to FLC.PWD@dol.gov. The NPWHC
will send an exact duplicate of the PWD to the requestor named on the
ETA Form 9141.
Question: How do I request a PWD based upon a source other than OES?
Answer: On the ETA Form 9141 item D.a.6 (Job Duties), after the description of
job duties, include a sentence surrounded by asterisks (***) requesting
the use of a specific source, with the name, edition, revision and publication
date as appropriate. In addition, after entering the employers’
job title in item D.a.1, enter the title or occupation name and code,
as appropriate in square brackets.
Question: What supporting documentation should I submit with my ETA Form
9141 to request the use of SCA or DBA wage?
Answer: No supporting documentation is required to request the use of SCA or DBA
wage. If we need additional information to make a PWD, we will send a
letter to the requestor asking for specific information.
Question: What documentation should I submit in addition to ETA Form 9141
when the job opportunity is covered by a collective bargaining agreement (CBA)?
Answer: Submit the following at the time you submit the ETA Form 9141:
- A copy of the relevant portion of the CBA;
- A letter, on letterhead, from the employer, stating the relevant section of the CBA, the CBA job title, and the appropriate wage; and
-
A letter, on letterhead, from the collective bargaining unit’s (union)
authorized representative, stating the relevant section of the CBA, the
CBA job title, and the appropriate wage.
Question: What documents do I need to send with a request to use an employer
provided/published or employer conducted/commissioned survey?
Answer: The NPWHC will consider wage information provided by the employer in making
a PWD. An employer must provide the following information pertaining to
the survey:
- The name of the published survey;
- The publication schedule for the survey. This should include the publication date of the requested survey, the date of the previous version of the survey and the date of the next anticipated release of the survey;
- When the data was collected;
- A description of the job duties or activities used in the survey; and
- The methodology used in the survey:
- How the universe is defined;
- How the sample size was determined
-
How the participants were selected; and
- The number of employers surveyed for the occupation in the area;
- The number of wage value responses (employees) for the occupation in the area;
- A list of employer participants or explanation of how the cross industry nature of the survey was maintained;
- How the presented wage was determined and if it is the “mean” or “median”;
- Any other appropriate information on the survey’s methodology;
- The area covered by the survey or relevant portion thereof and an explanation of any expansion of the area beyond normal commuting distance, when applicable.
Question: How do I request that a Higher Education American Competitiveness
and Workforce Improvement Act (ACWIA) wage be used?
Answer: 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
employers is an institution of higher education or a research entity under
20 CFR 656.40(e).***”
Question: For H2B only: How do I indicate on ETA Form 9141 that I want
to use the H2B special procedures for itineraries?
Answer: 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
position is for H2B temporary employment in the <particular H2B special
procedure industry>. An itinerary is attached.***”
Question: What information should I include to get PWDs for the various
locations under the H2B special procedures for itineraries?
Answer: The itinerary must include the following:
-
The place of employment with full address if available; use the name of
the area covered if there is no street address such as George
Washington National Forest; - The county or equivalent for that address;
- Any additional work site in that area;
- The begin and end date in that work site; and
-
Each page must include, as entered on the ETA Form 9141 on page one:
- the Employer’s Name
- the trade (DBA) Name
- the Employer’s Job Title
- the date of the request