Prevailing Wage/LCA Updates for H-1B Applicants
Prevailing Wage/LCA Updates for H-1B Applicants
As most of you are aware, the Department of Labor (DOL) prevailing wage changes have created a significant backlog of determinations due to the length of time taken to get a determination and the high rate of errors and inconsistencies in the prevailing wages that have been returned by the DOL. This semester has been and continues to be a learning experience for employers around the country as to how to receive accurate and timely determinations from the Department of Labor.
Due to the significant numbers of errors in prevailing wages returned by the DOL, ISSS and human resources have been continually analyzing ways to eliminate errors and speed up the process of getting a certified LCA. Because so many prevailing wages for positions beginning in May, June, and July have been returned incorrectly, we are working to get these LCA’s initiated immediately to avoid any status problems for our incoming and current H-1B employees. Because of this we ask your understanding and patience for employees needing prevailing wages and LCA’s that have start dates in August and beyond. Hiring needs dictate that LCA’s for employees in May, June and July take precedent.
If you receive emails from either ISSS or Janice Parmer in HR regarding your prevailing wage or LCA, please respond immediately. We are fully aware of start dates and timing constraints for all employees whose departments have submitted prevailing wage requests to Janice Parmer.
To assist ISSS in over-coming the backlog of petitions, please make sure that ISSS has H-1B packets for all persons with start dates in May, June, and July. Do not wait to have the LCA in hand before submitting these requests. Also, if ISSS or HR contacts you requesting changes to your ETA 9141, prevailing wage request, please make the changes promptly and return the corrected form to Janice Parmer. This will facilitate the LCA initiation process. Finally, if you have not already planned on premium processing your requests for May, June, and July, you should expect to do so and initiate the premium processing check request for $1000 according to the instructions on the documentation details checklist.
PLEASE NOTE: The DOL does not have any procedures in place to expedite this process. We are processing requests as fast as possible given the high volume and complexity of the situation. If you are receiving inquiries from your applicants regarding the delays, please inform them of this. The most helpful thing you can do is to make sure that ISSS has all other supporting documents for the request, so that the H-1B filing is ready once we receive the certified LCA.
One of the steps we are taking for all new prevailing wage requests is to standardize job descriptions and minimum qualifications where possible. Remember that all prevailing wage requests should be submitted with the minimum standard qualifications necessary for the job, not the experience or qualifications of the person you are hiring. It is not necessary to correct prevailing wage requests that have already been submitted unless ISSS or Janice Parmer contacts you directly to make a correction. Please follow this guidance for all future requests.
If the position you are hiring into is a staff position, please use the standardized descriptions available on HR’s website at http://apps.hr.emory.edu/JobDescriptions/
If your new hire is a post doc in the School of Medicine or an Emory College sciences department, please use the following description:
Job Title: Post Doctoral Fellow
Job Description:
Help design and conduct research in [INSERT FIELD OF STUDY] while receiving advanced training from a designated Principal Investigator to enhance professional skills and research independence needed for pursuit of a career. Designs and evaluates experiments. Develops new ideas that promote current research. Prepares and publishes scientific manuscripts under the direction of the Principal Investigator. May be responsible for operation of specific equipment. Positions are temporary appointments as a research trainee.
Qualifications:
A doctoral degree or equivalent [select the appropriate equivalents: Ph.D., M.D., ScD., D.V.M., DDS etc] in [INSERT FIELD OF STUDY REQUIRED].
For departments outside of the School of Medicine and Emory College sciences department, please contact ISSS directly if you need assistance with Post-doc job descriptions for an H-1B petition.
Again, we appreciate your patience as we try to clear the backlog created by the Department of Labor.