to Use the DOL Wage Worksheet to Decide the Wage Level Properly?
My employer will file Labor Condition Application (LCA) in an H-1B petition for me. How to use the DOL Wage Worksheet to decide the wage level properly?
The petitioner preparinng the H-1B petition should use the DOL wage worksheet in the "Prevailing Wage Determination Policy Guidance" to assess the proper wage level. If the DOL found that the wage worksheet had been properly completed, the employer's H-1B petition should contain the correct wage.
To use the wage worksheet when making an independent wage level determination of an LCA in an H-1B petition. An H-1B employer should be prepared to defend the wage level decisions. The petitioner should carefully reviewe the factors listed for proper wage level decisions. This is done to protect both the employer and the H-1B workers.
An H-1B beneficiary should be properly classified under an O*Net category. The DOL will reviewe the wage level claimed by the H-1B petitioner, by applying the Prevailing Wage Determination Policy Guidance. This wage guidance sets forth a system for comparing the requirements of the employer's job offer to the standard requirements for similar occupations on O*NET, which is a DOL-sponsored program that serves as the primary source of occupational information in the United States.
All job occupations start with a level I wage for an entry-level position. Where appropriate, points are added to the DOL wage worksheet to determine whether a higher wage level is required. There are 4 steps in determining when a wage level should be increased. The employer's offered job is compared to the O*NET description for that type of occupation. If there are special skills or requirements in the employer's job description not encompassed by the generic O*NET job description, then the wage level may be increased. Otherwise, the wage level should remain at level I.
The DOL will go through the education and experience components of the wage level analysis. Even if certain parts of the job are above level I, that would not automatically put the job at level II. The purpose of the wage worksheet is to go through the factors in the checklist and use the definitions of each level as a guideline. Therefore, a wage worksheet is only as good as the information provided by the employer. The employer should provide accurate information in the worksheet.
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