Any experience with DOL Wage Determination Dept?

[xqg]

My lawyer filed my RIR LC application in Dec 2001 without getting a prevailing wage request matching my salary level. After one year, EDD sent an Assesment Notice requring us to either amend the salary or provide other surveys. We did a survey, but LMID at EDD didn't buy that. My lawyer thought we still had a chance to amend the salary, and my company is willing to amend to the required amount. But EDD didn't give us the chance and already forwarded the case to DOL. My lawyer told me since my salary doesn't meet the prevailing wage requirement, the case will be sent to DOL Wage Determination Dept first, which the processing time is about 1 year, then forwarded either to RIR or non-RIR bease on the determination.

Since my company is willing to amend the salary, my lawyer talked to EDD superivsor and was told we can send a seperate amendment to EDD and they will forward it to DOL. Hopfully DOL Wage Determination will review the seperate amendment soon, and take my case out and put it back to the RIR line before it sits there for 1 year. But my lawyer also told me he has no experience with such situation, and has no idea of how much the chance is for my case to be put back to RIR soon.

Have anybody had any similar experience? I'm desperate now and any information will be appreicated. Thanks!

 

[zbcx123]

If MA SESA doesn't like the surveys you presented, how can they forward your application to DoL wage determination unit????? I would expect them to kickback the application asking for more information ..

MA has objected my application too on the same grounds and my employer has responded back with additional surveys justifying my current pay. The difference in the pay that i am currently making and DoL's previaling wage is around 10K. ( around 11%)

Is it very common for such a thing to happen ? If so, what is the likelihood that applications like these will sail thru and get certified?

Thanks

 

[xqg]

In my situation we are not sending any more surveys to argue about the prevailing wage, instead my company agree to amend the salary to whatever EDD required. What I want to know is whether DOL Wage Determination Dept will review my seperate salary amendment and forward my case to normal RIR process soon. Any idea?

 

[Jim Mills]

I've never even heard of the DOL Wage Determination Department in an LC context (LCA, yes but not for an LC). DOL/EDD normally wants the employer to use the OES wage data (most frequently Level 2).

I can't be of much help since I have never been in the situation that you describe. I would however call Regional DOL and speak with then to ensure that the case is not summarily denied. Your attorney will need to guide you through this situation.