| Frequently Asked Questions |
Your Immigration Questions Answered by VisaPro.
Here, you will find detailed answers to many of most common immigration questions. |  |
| 35. | Must the employer request a prevailing wage from a State Workforce Agency (SWA) if a Collective Bargaining Agreement exists or the employer is choosing to use a Davis-Bacon Act or McNamara-O'Hara Service Contract Act wage? |
| | | | | Yes, the employer must always request a prevailing wage from the SWA having jurisdiction over the proposed area of intended employment. The SWA is responsible for evaluating whether the wage
source chosen by the employer is applicable and/or acceptable. |
| 36. | If the employer’s job opportunity is for an occupation which is subject to a wage determination under the Davis-Bacon Act (DBA) or the McNamara - O’Hara Service Contract Act (SCA), must the employer use the DBA or SCA? |
| | | | | No, the employer is not required to use a wage determination under the DBA or the SCA but may choose to do so. |
| 37. | Must the employer obtain a prevailing wage determination before the employer begins recruitment? | | |
| | | No, the employer does not need to wait until it receives a prevailing wage determination before beginning recruitment. However, the employer must be aware that in its recruiting process, which includes providing a notice of filing
stating the rate of pay, the employer is not permitted to offer a wage rate lower than the prevailing wage rate. Similarly, during the recruitment process, the employer may not make an offer lower than the prevailing wage to a U.S. worker. |
| 38. | Why did the prevailing wage two tier skill level structure change to four levels? |
| | | | | Congress enacted the Consolidated Appropriations Act of 2005 amending the Immigration and Naturalization Act (Section 212(p), 8 U.S.C. 1182(p)) to provide: "Where the Secretary of Labor uses, or
makes available to employers, a governmental survey to determine the prevailing wage, such survey shall provide at least four levels of wages commensurate with experience, education, and the level of supervision. Where an existing government survey has only two levels, two intermediate levels may be created by dividing by three, the difference between the two levels offered, adding the quotient thus obtained to the first level and subtracting that quotient from the
second level." |
|
|
|
