January 5, 2010

DOL/OFLC Announcement of New Prevailing Wage Determination Procedure in Place

Starting January 1, 2010, employers filing temporary or permanent labor certification applications must apply for a prevailing wage determination to the U.S.Department of Labor (DOL), and not state workforce agencies (SWA), by using the new form ETA 9141. From January 1, 2010 through January 19, 2010, the prevailing wage determination form must be filed with the DOL office in Washington, D.C. at the address which specified in the new regulation and it must be done by mail or overnight delivery service. From January 20, 2010 and onward, the form must be filed online using the web-based iCERT portal system. When submitted by mail, employers must provide an email address so that DOL can transmit its determination via email. Otherwise, it will send the determination only by regular U.S. mail, ignoring the filer's request to use their prepaid overnight delivery envelope. The Office of Foreign Labor Certification’s (OFLC) National Prevailing Wage and Helpdesk Center is open and is currently accepting Prevailing Wage Determination (PWD) requests for use in the H-1B, H-1B1 (Chile/Singapore), H-2B, E-3 (Australia) and the permanent labor certification programs, as well as PWD requests for use in the Commonwealth of the Northern Mariana Islands.

Please read the following FAQs and Updated PWD Policy Guidance.