Prevailing Wage Determinations

Please read carefully as the Prevailing Wage Determination process for labor certification programs will be changing from the State Workforce Agencies.

Do not submit any prevailing wage requests to the Texas Workforce Commission after December 31, 2009.

On and after January 1, 2010, all labor certification prevailing wage requests must be submitted to the National Prevailing Wage Helpdesk Center (NPWHC).
The Department of Labor ETA-9141 Application for Prevailing Wage Form must be completed and sent to the NPWHC in Washington, DC.

State Workforce Agencies (SWAs) and Chicago National Processing Center (NPC) are to cease processing Prevailing Wage Determination (PWD) Requests received on and after January 1, 2010.

State Workforce Agencies and the Chicago NPC, where PWD requests are currently submitted, will complete any PWD requests received on or prior to December 31, 2009. The Chicago NPC or SWA will maintain responsibility for processing PWD requests and review requests (including all challenges and appeals) under 20 CFR 656.40 or 656.41 or 20 CFR 655.10 or 655.11, as appropriate, so long as the original PWD request was received on or prior to December 31, 2009.

Any PWD request, using the ETA Form 9141, received from January 1, 2010, up to and including January 15, 2010, will be forwarded by the SWA or the Chicago NPC to the National Prevailing Wage Helpdesk Center (NPWHC). NOTE: Incorrect form(s) submitted to the SWA will be returned to the requestor and will not be forwarded to the NPWHC.

Requests received after January 15, 2010, will be returned to the requestor with a cover letter that includes instructions on where to send the request and where to obtain a copy of the ETA-9141.

The United States Department of Labor (USDOL)website may be accessed for information/instructions for the Prevailing Wage Request Form ETA-9141 and information on foreign labor certification at http://www.foreignlaborcert.doleta.gov/.

Department of Labor (DOL) Mandated Prevailing Wage Change January 1, 2010

The Office of Foreign Labor Certification (OFLC) National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC, will receive and process prevailing wage determination (PWD) requests for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs. In addition, the Department is providing guidance about the implementation of the issuance of PWDs for applications in the Commonwealth of the Northern Mariana Islands (CNMI).

All employers submitting PWD requests and related actions must follow the prevailing wage requirements set forth in 20 CFR 655.10, 655.11, 655.731, 655.1112, 656.40 and 656.41, as applicable.

Filing Procedures
a. PWD Requests
1. Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141.
2. Requestors must submit PWD 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

Note: On and after November 28, 2009, for the CMNI and on and after January 1, 2010, the NPWHC will only process PWD requests received by mail in hard copy. The Department is in the process of developing an electronic means for the submission of PWD requests and will publish a notice in the Federal Register informing the public when such a process becomes available.

3. Employer Provided Wage Documentation for H-1B, H-2B and Permanent Labor Certification Programs. The NPWHC will consider wage information provided by the employer in making a PWD. Where not present in the survey submitted, an employer should provide the following information pertaining to its survey, except when McNamara-O'Hara Service Contract Act (SCA) or Davis Bacon Act (DBA) wages have been requested.

Please e-mail questions or comments to alienlabor@twc.state.tx.us

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