DOL OFLC, View Proposed Form ETA-9141 – Application for Prevailing Wage Determination
DOL
DOL
OMB Approval: 1205-0508 Expiration Date: XX/XX/XXXX Application for Prevailing Wage Determination Form ETA-9141 U.S. Department of Labor Please read and review the filing instructions carefully before completing the Form ETA-9141. A copy of the instructions can be found on the Office of Foreign Labor Certification website at https://www.dol.gov/agencies/eta/foreign-laborhttp://www.foreignlaborcert.doleta.gov/. For all submissions, either electronic or paper, ALL required fields/items containing an asterisk (*) must be completed as well as any applicable fields/items where a response is conditional as indicated by the section (§) symbol.
Indicate the type of visa classification supported by this application (Write classification symbol): * B. Employer Point-of-Contact Information Important Nnote: The information contained in this section is for an employee authorized to act on behalf of the employer in labor certification or labor condition application matters. The information in this section must be different from the attorney or agent information listed in Section D, except when an attorney listed in Section D is an employee of the employer. 1. Contact’s Llast (family) Nname * 2.
First (given) Nname * 3. Middle Nname(s) (if applicable) § 4. Contact’s job title * 5. Address 1 * 6.
Address 2 7. City * 10. Country * 8. State §* 9.
Postal Ccode * 11. Province (if applicable) § 12. Telephone number * 13. Extension (if applicable) § 14.
Business eE-Mmail Aaddress * C. Employer Information 1. Legal bBusiness Nname * 2. Trade Nname/Doing Business As (DBA), if applicable § 3. Address 1 * 4.
Address 2 5. City * 8. Country * 10. Telephone number * 6.
State §* 7. Postal code * 9. Province (if applicable) § 11. Extension (if applicable) § 12.
Federal Employer Identification Number (FEIN from IRS) * 13. NAICS code * D. Attorney or Agent Information (if applicable) 1. Indicate the type of representation for the employer in the filing of this application * If D.1 is “Attorney” or “Agent” the remainder of this section is required Attorney Agent None 2. Attorney or Aagent’s lLast (family) Nname § 3.
First (given) Nname § 4. Middle nName(s) § 5. Address 1 § Form ETA-9141 PWD Case Number: FOR DEPARTMENT OF LABOR USE ONLY Page 1 of Case Status: Validity Period: to OMB Approval: 1205-0508 Expiration Date: XX/XX/XXXX 6. Address 2 (apartment/suite/floor and number) 7.
City § 10. Country § Application for Prevailing Wage Determination Form ETA-9141 U.S. Department of Labor 8. State § 9. Postal Ccode § 11.
Province (if applicable) § 12. Telephone Nnumber § 13. Extension § 14. Law Ffirm/Bbusiness Ee-Mmail Aaddress § 15.
Law Ffirm/Bbusiness Nname § 16. Law fFirm/Bbusiness FEIN § E. Wage Source Information Refer to instructions for all supporting documents required in this section. 1. Is the employer covered by ACWIA, as described in 20 CFR 656.40(e)(1)? * (Not applicable for Yes No N/A H-2B) a. If “Yes,” identify which ACWIA provision the employer is covered under (choose all that apply): § (i) Institution of higher education (ii) Affiliated or related nonprofit entity connected or associated with an institution of higher education (iii) Nonprofit research organization or Governmental research organization b. If the employer has previously been determined not covered under ACWIA, does the Yes No N/A employer have any reason to believe that its status has changed?
§ 2. Is the position covered by a professional sports league rules or regulations? § Yes No 3. Is the position covered by a Collective Bargaining Agreement (CBA)?
§ Yes No N/A 4. Is the employer requesting a prevailing wage based on the Davis- Bacon Act (DBA) or McNamara Service Contract Act (SCA) (Not applicable for H-2B)? * For non-OES requests, select and fully complete only one of the following: (Davis Bacon Act (DBA) & Service Contract Act (SCA) are not prevailing wage sources for H-2B) Yes No a. If “Yes,” identify which wage source the employer is requesting: § DBA SCA DBA SCA Survey 4. Source Type: § a. Complete the following if consideration of a survey is requested above. § (If this is a request to use a survey in the H-2B program, Form ETA-9165 must also be completed.) 5.
Is the employer requesting consideration of a survey as a wage source in determining the prevailing wage? * If “Yes,” 5.a and 5.b must be completed. (If this is a request to use a survey in the H-2B program, Form ETA-9165 must also be completed.) Yes No a.(i) Survey name or title: § b.(ii) Survey date of publication or, if not published, date of submission to DOL: § F. Job Offer Information a. Job Description 1. Job Ttitle * Form ETA-9141 PWD Case Number: FOR DEPARTMENT OF LABOR USE ONLY Page 2 of Case Status: Validity Period: to OMB Approval: 1205-0508 Expiration Date: XX/XX/XXXX Application for Prevailing Wage Determination Form ETA-9141 U.S. Department of Labor 2. Job duties: Description of the specific services or labor to be performed. * (All job duties must be disclosed.
A description of the job duties MUST begin in this space. For mail-in applications, an addendum may be used to complete the response fullyOne separate addendum will be accepted to fully compete the response.) 3. Does this position supervise the work of other employees? * Yes No a. If “Yes,” please indicate the SOC code(s) and SOC title(s) of the occupation(s) of the employees to be supervised: § Form ETA-9141 PWD Case Number: FOR DEPARTMENT OF LABOR USE ONLY Page 3 of Case Status: Validity Period: to OMB Approval: 1205-0508 Expiration Date: XX/XX/XXXX Application for Prevailing Wage Determination Form ETA-9141 U.S. Department of Labor b. Minimum Job Requirements 1. Education: Minimum U.S. diploma/degree required * None High school/GED Associate’s Bachelor’s Master’s Doctorate (Ph.D.) Other degree (J.D., M.D., etc.) a. If “Other degree” in question 1, specify the U.S. diploma/degree required § b. Indicate the major(s) and/or field(s) of study required § (May list more than one related major and more than one field) 2.
Does the employer require a second U.S. diploma/degree? * Yes No a. If “Yes” in question 2, indicate the second U.S. diploma/degree and the major(s) and/or field(s) of study required § 3. Is training for the job opportunity required? * Yes No a. If “Yes” in question 3, specify the number of months of training required § b. Indicate the field(s)/name(s) of training required § (May list more than one related field and more than one type) 4. Is employment experience required? * Yes No a. If “Yes” in question 4, specify the number of months of experience required § b. Indicate the occupation required § 5. Special Sskills or oOther Rrequirements: Does the employer require any specific or other requirements? * a. If “Yes,” check all that apply and specify the requirement(s): § Yes No (i) License/Certification: (ii) Foreign Llanguage: (iii) Residency/Fellowship: (iv) Other Sspecial Sskills or Rrequirements: c. Alternative Job Requirements While an employer may specify alternative requirements, the substantial equivalency of the alternative requirements to minimum requirements will not be evaluated.
(Not applicable for H-2B) 1. Are alternate sets of Eeducation, Ttraining, and/or Eexperience accepted? § If c.1 is “Yes,” c.2, c.3, and c. 4 must be completed. 2.
Specify the alternate level of education: U.S. diploma/degree accepted § Yes No None High school/GED Associate’s Bachelor’s Master’s Doctorate (Ph.D.) Other degree (J.D., M.D., etc.) a. If “Other degree” in question 2, specify the U.S. diploma/degree accepted § b. Indicate the major(s) and/or field(s) of study accepted § (May list more than one related major and more than one field) 3. Is alternate training for the job opportunity accepted? § Yes No a. If “Yes” in question 3, specify the number of months of alternate training accepted § b. Indicate the field(s)/name(s) of training accepted § (May list more than one related field and more than one type) Form ETA-9141 PWD Case Number: FOR DEPARTMENT OF LABOR USE ONLY Page 4 of Case Status: Validity Period: to OMB Approval: 1205-0508 Expiration Date: XX/XX/XXXX Application for Prevailing Wage Determination Form ETA-9141 U.S. Department of Labor 4. Is alternate employment experience accepted?
§ Yes No a. If “Yes” in question 4, specify the number of months of alternate experience accepted § 5. Special skills or other requirements: Does the employer require any specific or other requirements? * Yes No a. If “Yes,” check all that apply and specify the requirement(s) § (i) License/Certification: (ii) Foreign language: (iii) Residency/Fellowship: (iv) Other special skills or requirements: d. Other Information 1. Suggested SOC (O*NET/OEWS) code * a. Suggested SOC (O*NET/OEWS) occupation title * 2. Job title of the official the employee will report to for this job opportunity (if applicable) § 3.
Will travel be required in order to perform the job duties? * a. If “Yes,” provide geographic location and frequency of the travel. § Yes No e. Place of Employment Information 1. Worksite address 1 * 2. Address 2 3.
City * 4. State * 5. County * 6. Postal cCode * 7.
Will work be performed in any Bureau of Labor Statistics Area (Metropolitan or Non-Metropolitan Statistical Areas) other than the Bureau of Labor Statistics Area of the address listed above, or, in the case of Bureau of Labor Statistics areas with multiple county-level prevailing wage rates, in a county other than the county of the address listed above? * (If “Yes,” a completed Appendix A is required) Yes No Form ETA-9141 PWD Case Number: FOR DEPARTMENT OF LABOR USE ONLY Page 5 of Case Status: Validity Period: to OMB Approval: 1205-0508 Expiration Date: xx/xx/xxxx Application for Prevailing Wage Determination Form ETA-9141 U.S. Department of Labor G. Prevailing Wage Determination 1. PWD tTracking nNumber: 2. PW Rreceipt Ddate: FOR OFFICIAL GOVERNMENT USE ONLY 3. SOC cCode: a. SOC Ooccupation Ttitle: While all prevailing wages are issued at the six digitsix-digit SOC code level, O*NET includes extended eight digiteight-digit occupations.
If applicable, the O*NET eight-digit extension code is listed below. b. O*NET cCode: c. O*NET Ooccupation Ttitle: When the job opportunity represents a combination of occupations, listed below are the other occupations. d. O*NET Ccode: 4. Prevailing wage: (based on the primary worksite location. See Item 6 below for details). For H-1B, H-1B1, E-3, and PERM only, this wage is based on the minimum job requirements for the position. $ . a. Per: (Choose only one) b. OEWS wage level: Hour Week Bi-Weekly Month Year I II III IV OEWS mean N/A c. Prevailing wage source (Choose only one): d. If “Survey” in question 4.c, specify the name of the survey: e. O*NET Ooccupation Ttitle: OEWS (All Industries) OEWS (ACWIA) CBA DBA SCA Alternate survey Professional sports league rules or regulations 5.
Prevailing wage: (based on the primary worksite location. See Item 6 below for details). For H-1B, H-1B1, E-3, and PERM only. This wage is based on the alternative job requirements for the position (does not apply to H-2B). $ . a. Per: (Choose only one) Hour Week Bi-Weekly Month Year b. OEWS wage level: I II III IV OEWS mean N/A c. Prevailing wage source (Choose only one): d. If “Survey” in question 5c, specify the name of the survey: OEWS (All Industries) OEWS (ACWIA) CBA DBA SCA Alternative survey Professional sports league rules or regulations 6.
The wage is based on the following BLS Aarea (Metropolitan or NNon-MMetropolitan Statistical Area): 7. The highest PWD out of all H-2B worksites for which a prevailing wage determination was requested: $ . per hour. 8. Additional Nnotes Rregarding Wwage Ddetermination: 9.
Determination date: 10. Expiration date: H. For public burden statement information, please see the Form ETA-9141 General Instructions. OMB Paperwork Reduction Act (1205-0508) Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Your response is required to receive the benefit of consideration of this application.
(Immigration and Nationality Act, Section 101). Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The burden estimate is as follows: 9141- 47 minutes, Appendix A- 3 minutes, and recordkeeping- 10 minutes. Send comments regarding this burden estimate to the Office of Foreign Labor Certification * U.S. Department of Labor * Box PPII 12 - 200 * 200 Constitution Ave., NW * Washington, DC * 20210.
Do NOT send the completed application to this address. Form ETA-9141 FOR DEPARTMENT OF LABOR USE ONLY Page 6 of 6 PWD Case Number: Case Status: Validity Period: to
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