Prevailing Wage (PW) Online Filing Release Notes 02/06/2024

The Office of Foreign Labor Certification (OFLC) implemented a new Form ETA-9141 Application for Prevailing Wage Determination on February 6, 2024. The following changes were implemented as part of the release of the new form.

In addition to some label changes and updates to instructions, Section E – Wage Source Information was reformatted for clarity.

The updated section now has separate questions for indicating the employer is requesting DBA/SCA and employer provided survey.  If the employer selects No for questions E.2 through E.5, this will be result in an OEWS wage being issued.  The five questions relate to the employer’s coverage under ACWIA and separately the employer being covered by Professional Sports League Rules, or a Collective Bargaining Agreement.  The last two questions ask if the employer is requesting DOL to use an SCA or DBA wage or, separately, an employer provided survey.

The governing regulations can be found under 20 CFR 656.40, 20 CFR 655.10, or 20 CFR 655.731, depending on the visa classification.  These changes to the form were announced on June 14, 2022. on the OFLC website.  Helpful URLs are below.

• https://www.ecfr.gov/current/title-20/section-656.40
• https://www.ecfr.gov/current/title-20/section-655.10
• https://www.ecfr.gov/current/title-20/section-655.731
• Form ETA-9141_Supp Statement_1205-0508.pdf (dol.gov)

Cases initiated prior to October 1, 2023 but not submitted were deleted and a new application using the revised Form ETA-9141 will need to be created. Cases initiated on or after October 1, 2023 that have not been submitted remain available, but Wage Source Information (Section E) has been deleted and will need to be updated prior to submission.