NOTICE OF CHANGE IN FEDERAL REGULATIONS
The Federal Regulations published in January, 2009 changed procedures for filing Prevailing Wage Requests to be used for Foreign Labor Certification applications. For complete information, visit the U.S. Department of Labor Employment & Training Administration Office of Foreign Labor Certification (U.S. DOL ETA OFLC) website at http://www.foreignlaborcert.doleta.gov/.
Please Note:
A prevailing wage determination may be used for more than one application, as long as all job- related details, and the area of intended employment, remain the same. Under 20 CFR 656.40(i), the Wage cannot be lower than required by any other law.
No prevailing wage determination for labor certification purposes made under this section permits an employer to pay a wage lower than the highest wage required by any applicable Federal, state, or local law. The hourly minimum wage rates are shown below.
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Hourly Minimum Rates Federal $6.55 (current) Federal $7.25 (effective July 24, 2009) Ohio $7.30 (current) AEWRS $10.45 (effective June 29, 2009) |
All questions regarding prevailing wage determinations filed prior to December 31, 2009 should be directed to FLC@odjfs.state.oh.us.
H-1B Temporary Professional Foreign Labor Certification Application
Ohio FLC will continue to process these prevailing wage requests through December 31, 2009. The requestor can access and submit a prevailing wage form from the Prevailing Wage Request Application website. All fields of the PW Request form must be completed. Requests will be reviewed in the order they are received, within 30 days of their receipt. Beginning January 1, 2010, prevailing wage requests must be filed with the U.S. DOL ETA OFLC. You will find the instructions for filing at http://www.foreignlaborcert.doleta.gov/pdf/ETA_Form_9141_General_Instructions.pdf and form ETA 9141 at http://www.foreignlaborcert.doleta.gov/pdf/ETA_Form_9141.pdf.
H-2B Temporary Non-agricultural Foreign Labor Certification Application
Prevailing wage requests for start dates of need on or after October 1, 2009 must be filed with the U.S. DOL ETA OFLC. You will find the instructions for filing at http://www.foreignlaborcert.doleta.gov/pdf/ETA_Form_9141_General_Instructions.pdf and form ETA 9141 at http://www.foreignlaborcert.doleta.gov/pdf/ETA_Form_9141.pdf.
Permanent Foreign Labor Certification Application
Ohio FLC will continue to process these prevailing wage requests through December 31, 2009. The requestor can access and submit a prevailing wage form from the Prevailing Wage Request Application website. All fields of the PW Request form must be completed. Requests will be reviewed in the order they are received, within 30 days of their receipt. Beginning January 1, 2010, prevailing wage requests must be filed with the U.S. DOL ETA OFLC. You will find the instructions for filing at http://www.foreignlaborcert.doleta.gov/pdf/ETA_Form_9141_General_Instructions.pdf and form ETA 9141 at http://www.foreignlaborcert.doleta.gov/pdf/ETA_Form_9141.pdf.
Requests for Reconsideration of a Prevailing Wage Determination
A request for reconsideration of a Prevailing Wage determination for prevailing wage requests filed prior to December 31, 2009, can be submitted by email, or in writing, within 30 days of the receipt of the prevailing wage determination. Please see our Contact Information for the addresses. You will receive a response to your request within 20 working days of its receipt in this office.