DOL ON PREVAILING WAGE DETERMINATIONS FOR H-1B’S

The Department of Labor’s Office of Foreign Labor Certification (OFLC) issued a statement regarding delays in issuing prevailing wage determinations and H-1B Labor Condition Applications (LCAs).
The short version of the 2-page FAQ is that H-1B prevailing wages are still in backlog because of the H-2B litigation (same as PERM PWDs) and the DOL is recommending to employers to use alternate wage sources to obtain the prevailing wage for example from the OFLC online data center. However, this does not have the safe harbor provision if the employer used its own source rather than wait for the NPWC’s determination.
The FAQ is available at: http://www.foreignlaborcert.doleta.gov/pdf/PWD_FAQ_Backlog.pdf

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