DOL on Prevailing Wage Request Form

Dear Ms. (name omitted)

This is in response to your facsimile request of June 1, 1993 for an advisory opinion concerning a prevailing wage request form currently being utilized by the Massachusetts Department of Employment and Training. The State agency requires the employer to identify the name of the alien on the request form in order to provide a prevailing wage determination under the H-1B program.

You indicate that you do not believe the alien's name is required to be made available for public examination, and may violate the privacy rights of the H-1B nonimmigrant. The National Office concurs with your position; an employer should not be required to give the name of the alien in requesting a prevailing wage determinations.

Although several State agencies have indicated that the name of the alien has proven helpful for case tracking purposes, failure to provide this information on the part of the employer or its attorney would not constitute sufficient grounds for the agency to refuse to issue the determination. Should this type of situation occur, you may take the issue to the regional certifying officer having jurisdiction over the State agency in question for resolution.

I hope this information is helpful.

Flora T. Richardson