fbpx

An employer preparing an LCA must select a wage source that complies with the Department’s regulations at 20 CFR 655.731 and identify that wage source on the ETA Form 9035/9035E.

When completing the application, the survey entry in Item G.11b must contain the name of the survey company and the exact title of the survey used.

The survey title entered must be for the most recent applicable survey published.

Each employer must ensure that the wage source it relies on meets the regulatory requirements.

For example, a wage source entry that was acceptable in a previous year may no longer reflect the current title of the latest wage survey publication or may no longer meet the requirements under 20 CFR 655.731.

Wage survey source entries in Item G.11b must correspond to survey instruments available in the year entered in Item G.11a; the OFLC will deny an LCA where the wage survey source entry in Item G.11b does not match the year in Item G.11a.

Moreover, wage survey source entries in Item G.11b must reflect the most recent publication of the specific survey at the time of LCA submission.

The OFLC will deny an LCA with an otherwise acceptable wage survey source entry where, in Items G.11a and G.11b, the LCA identifies a version of the survey other than the most recent publication.

Since the prevailing wage determinations provided by the OES do not necessarily reflect “real world” wages, employers may opt to obtain independent or private wage surveys.

Before attempting to rely on such a survey, it is necessary to evaluate whether the survey meets the above regulatory requirements.

If the requirements are not met by the independent survey, the SWA will utilize the OES wage data to determine the prevailing wage for LC purposes. 

20 CFR § 655.731

(B) A copy of the prevailing wage survey for the occupation within the area of intended employment published by an independent authoritative source.

For purposes of this paragraph (b)(3)(iii)(B), a prevailing wage survey for the occupation in the area of intended employment published by an independent authoritative source shall mean a survey of wages published in a book, newspaper, periodical, loose-leaf service, newsletter, or other similar medium, within the 24-month period immediately preceding the filing of the employer‘s application.

Such survey shall:

(1) Reflect the weighted average wage paid to workers similarly employed in the area of intended employment;

(2) Reflect the median wage of workers similarly employed in the area of intended employment if the survey provides such a median and does not provide a weighted average wage of workers similarly employed in the area of intended employment;

(3) Be based upon recently collected data – e.g., within the 24-month period immediately preceding the date of publication of the survey; and

(4) Represent the latest published prevailing wage finding by the independent authoritative source for the occupation in the area of intended employment; or

(C) A copy of the prevailing wage survey or other source data acquired from another legitimate source of wage information that was used to make the prevailing wage determination.

For purposes of this paragraph (b)(3)(iii)(C), a prevailing wage provided by another legitimate source of such wage information shall be one which:

(1) Reflects the weighted average wage paid to workers similarly employed in the area of intended employment;

(2) Reflect the median wage of workers similarly employed in the area of intended employment if the survey provides such a median and does not provide a weighted average wage of workers similarly employed in the area of intended employment;

(3) Is based on the most recent and accurate information available; and

(4) Is reasonable and consistent with recognized standards and principles in producing a prevailing wage.

Independent authoritative source survey

Independent authoritative source survey means a survey of wages conducted by an independent authoritative source and published in a book, newspaper, periodical, loose-leaf service, newsletter, or other similar medium, within the 24-month period immediately preceding the filing of the employer’s application.

Such survey shall:

(1) Reflect the average wage paid to workers similarly employed in the area of intended employment;
(2) Be based upon recently collected data – e.g., within the 24-month period immediately preceding the date of publication of the survey; and
(3) Represent the latest published prevailing wage finding by the authoritative source for the occupation in the area of intended employment.

Contact Us

Please send us an email and we'll get back to you asap.

Not readable? Change text. captcha txt