OFLC Updates

Reports on inconsistent PWDs

To ensure consistency on PWDs, DOL will review previously issued wage determinations.

ACWIA wages

When employers submit job duties and claim to be eligible for an ACWIA, DOL determines if the employer meets the qualifications outlined in the regulations. The responsibility lies on the employer to show the grounds for eligibility and giving supporting evidence. DOL will not consider the issue again on subsequent applications once DOL determines that an employer is eligible for an ACWIA wage.

ETA Form 9089

For a college or university that has advertised a teaching position with a general teaching experience requirement such as “must have college-level teaching experience in the discipline”, while completing question H.6-A (number of months of experience required) the employer should specify how much college level teaching is required.

Audit Notification letter related to contacting all applicants

Regarding the confusion created by the language in the Audit Notification letter related to contacting all applicants regardless whether it can be determined from the face of their resumes and cover letters that they are not qualified for the position, employers need only contact “potentially qualified” applicants.

Audit based denials

With the issue pertaining to advertising denials after audit based on unlawful rejection of U.S. workers for reasons not specified in the advertisements, DOL advices that the matter will be looked into soon and also stated that this issue is case-by-case, and if a member receives a decision that they believe was not correct, they could file an appeal.

Also, when an employer receives a denial notice that states: AUTHORITY FOR DENIAL: Pursuant to 20 CFR 656.10(d)(1)(ii), the employer must give notice of the filing of the Application for Permanent Employment Certification “by posted notice to the employer’s employees at the facility or location of the employment”, the employer should file an appeal. Furthermore in the absence of specific guidance from DOL, employers should use common sense to comply with the requirement in the regulation.

Labor certification application filings for up to two years

DOL confirms that the two year limit applies where the certifying officer may determine that an employer is required to conduct supervised recruitment pursuant to Section 656.21 in future filings of labor certification applications for up to two years from the date of the final determination. However, DOL has the authority to order supervised recruitment again.

DOL supervised recruitment instructions on newspapers

Newspapers frequently change their publication schedules and therefore do not always make their current schedules available on the newspapers websites. In this case if employers are not able to comply with a recruitment instruction they should contact the Help Desk. The help desk should prove a 15 day extension and alternative recruitment guidance.