The DOL has provided notice of the centralization of the processing of prevailing wage determination (PWD) requests used in the H-1B, H-1B1, H-1C, H-2B, E-3, and permanent labor certification programs. Pursuant to DOL labor certification regulations, effective on January 1, 2010, the processing of all PWD requests for the above-referenced labor certification programs will be centralized in the National Prevailing Wage and Helpdesk Center (NPWHC) of the Office of Foreign Labor Certification (OFLC) in Washington, D.C. State Worforce Agencies (SWAs), and the Chicago National Processing Center (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 relevant SWA will maintain responsibility for processing PWD requests and review requests (including challenges and appeals, so long as the original PWD request was received on or prior to December 31, 2009. Requests received by the SWAs or the Chicago NPC from January 1, 2010, up to and including January 15, 2010, will be forwarded to the NPWHC and requests received thereafter will be returned to the requestor.
The DOL also provided notice that the January 1, 2010 effective date does not apply to PWD requests for a job opportunity in the Commonwealth of the Northern Mariana Islands. The DOL began processing such requests in the NPWHC on November 28, 2009.
The DOL notice further directs that all PWD requests be made using the Application for Prevailing Wage Determination, Form ETA-9141, and the employer documentation necessary pursuant to applicable regulations. Requests must be submitted 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, D.C. 20005-3142. Requests for OFLC review or PWD challenges must be mailed to the same address, but with attention drawn to "PWD Review" rather than "PWD Request." Requests for review by the Board of Alien Labor Certificate Appeals (BALCA) must similarly be mailed to the same address, but with attention drawn to "PWD Appeal."