The Department has posted new Frequently Asked Questions (FAQs) to assist employers and others regarding prevailing wage requests and determinations.
- I submitted a prevailing wage request via the iCERT System. Should I also mail a copy of the ETA 9141 to the NPWC?
- No. Please submit only one ETA 9141 per prevailing wage request. In order to reduce the number of duplicate PWDs, employers must not mail copies of ETA 9141s that were submitted via the iCERT System. In addition, employers should not submit multiple requests, via the iCERT System or mail, for the same PWD request. March 15, 2011
- I submitted a prevailing wage request via the iCERT System. Should I also mail a copy of the ETA 9141 to the NPWC?
- No. Please submit only one ETA 9141 per prevailing wage request. In order to reduce the number of duplicate PWDs, employers must not mail copies of ETA 9141s that were submitted via the iCERT System. In addition, employers should not submit multiple requests, via the iCERT System or mail, for the same PWD request. March 15, 2011
- Are there any items on the ETA 9141 that requestors are routinely leaving incomplete and may cause a delay in processing or result in the request being voided?
- Yes. As a general rule, requestors must complete all required items on the ETA 9141. Although entries may vary based on the visa classification supported by the application, there are items on the ETA 9141 that requestors are routinely leaving incomplete or incorrect. Such items include:
- Item D.a.6, job duties. In item D.a.6., the employer must provide a description that details the duties with enough specificity to issue a prevailing wage determination under a relevant Standard Occupational Code (SOC). To do this, the employer must specify the field(s) and/or product(s)/industry(ies) involved, any equipment the employee will use, and pertinent working conditions.
- Items D.b.1-1b, education. In item D.b.1, mark only one U.S. diploma or degree as the employer’s minimum requirement. If you choose “Other degree”, indicate in item D.b.1a the specific U.S. diploma or degree (e.g., JD, MD, DDS, etc.). If the position requires a degree, in item D.b.1b indicate the major(s) and/or field(s) of study for the required degree.
- Items D.b.4-4b, employment experience. If the employer checks ‘No’ to the experience question or leaves it blank, but indicates the number of months of experience required, we will consider that as a ‘Yes’. In addition, if the job duties (item D.a.6) or the special requirements (item D.b.5) indicate that the position requires employment experience, the requestor must ensure it corresponds with the answers to items D.b.4-4b.
- Items D.c.1-6, place of employment. “N/A” is not an acceptable answer for place of employment, and the ETA 9141 will be voided and returned to the requestor. The employer must provide the complete street address, city, county, and state for the location where the work will be performed.
- Item D.c.3, the city of the place of employment. Enter the appropriate city for the worksite address. For Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont, enter the city or town, as appropriate.
- Item D.c.4, the county of the place of employment. Enter the appropriate county, not country (USA), for the worksite address. For Alaska, enter the appropriate borough or census area. For Louisiana, enter the appropriate parish. If the city is not part of any county, enter the city as the county.
- Item D.c.7 and D.c.7a, multiple worksites. If there are multiple worksites, identify the geographic place(s) of employment indicating each Metropolitan Statistical Areas (MSAs) or the county (or independent city(ies)/township(s)/borough(s)/parish(es) as appropriate) and the corresponding state(s) where the employee will work. The employer must provide enough geographic detail to cover all the known worksite locations of intended employment. The NPWC does not require employers to input every physical address worksite for the prevailing wage determination. The NPWC deems it sufficient to provide the appropriate MSA or the county (or independent city(ies)/township(s)/borough(s)/parish(es) as appropriate) and the corresponding state(s) where the employee will work. March 15, 2011
- Why did the PWD I received have a different SOC than the one I suggested on the ETA 9141 item D.a.2. and 2a.?
- The NPWC assigns a SOC based on a review of the job duties (item D.a.6.) and special requirements (item D.b.5.) listed on the ETA 9141. In addition, we may consider other items on the ETA 9141 such as the education requirements (D.b.1-1b.) or employment experience (D.b.4-4b). March 15, 2011
- I included multiple worksites on the ETA Form 9141 and I received wages for all of the worksites. Is the wage listed on page 4 of the ETA Form 9141 (Item E.4) the required prevailing wage?
- The wage entered on page 4 of the ETA Form 9141 corresponds to the worksite location listed in D.c.1 to 6. The NPWC must provide wages for each location listed in the application. However, the NPWC does not dictate how the employer should use those wages to comply with the applicable program regulations and guidance. The employer, therefore, must ensure that it offers a wage that complies with the appropriate regulation and program specific guidance. March 15, 2011
- Does a prevailing wage determination expire?
- Yes. Each prevailing wage determination issued by the NPWC has a validity period which can range from no less than 90 days to one year. The validity period of a PWD is the period between the determination date and the expiration date, as listed in Items E.8 and E.9 of the approved Application for Prevailing Wage Determination (ETA Form 9141). March 15, 2011
