DOL on if the PWD Must Identify Employer and Exact Work Location

Dear Ms. Drummond:

This is in response to your letter of June 15, 1994 requesting an advisory opinion under the H-1B program for nonimmigrant professionals in specialty occupations. You inquire as to whether a request for a prevailing wage determination for H-1B program purposes must identify the name of the employer and the exact work address of the prospective H-1B nonimmigrant(s).

State Employment Security Agencies (SESA's) are funded on a cost reimbursement basis to, among other things, process requests for prevailing wage determinations for employers seeking to hire foreign workers under the permanent alien certification program and various nonimmigrant programs. If an employer wishes to obtain a prevailing wage determination for a particular job opportunity, they are required to submit such a request in writing. As a service to the employer, the SESA must provide the requested prevailing wage information in writing and in a timely manner. While SESA practices vary as to the extent of information that is required in order to respond to a prevailing wage request, under these circumstances, the National Office believes that requiring the name of the employer to be identified is reasonable and appropriate.

In regard to identifying where the alien will work, however, the exact street address is not required. Rather, the employer must identify the "area of intended employment." Identifying the city where the work will be performed should be sufficient for this purpose. Under the Department's regulations at ' .715 of 20 CFR Par 655, "area of intended employment" is defined as follows:

the area within normal commuting distance of the place (address) where the H-1B alien is or will be employed. If the place of employment is within a Metropolitan Statistical Area (MSA), any place within the MSA is deemed to be within normal commuting distance of the place of employment. If there is no MSA then the area of intended employment is the area within normal commuting distance of the place of employment.

We have been in contact with the Regional Certifying Officer in San Francisco, California, who has contacted the California Employment Development Department and confirmed this policy.

I hope this information is helpful to you.

Flora T. Richardson

27MM4I10