John Q Khosravi Law Firm

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John Q. Khosravi Immigration Law Firm (JQK Law Firm)

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Licensed to Practice in CA. Practice Focus on Federal Immigration Law. This Blog is Legal Advertisement.

Friday, December 18, 2015

BALCA on ACWIA, H-1B Prevailing Wage, Higher Education

BALCA, Matter of University of Michigan, Nov. 18, 2015- "The Employer filed an Application for Prevailing Wage Determination (ETA Form 9141) in connection with its efforts to hire an H-1B worker. (AF 27-31). The Employer noted on the Form 9141 that it was an institution covered by the American Competitiveness and Workforce Improvement Act (“ACWIA”). (AF 27). The Employer indicated the job opportunity corresponded with the SOC/O*Net code for “Compliance Officers,” but requested that the Certifying Officer (“CO”) use an EduComp wage survey to calculate the prevailing wage instead of the OES data for Compliance Officers. (AF 28). The survey provided by the Employer contained wage data from several universities for the position of “Institutional Review Board Specialist” and listed an average annual salary of $57,428.00. (AF 37-91). The CO rejected the Employer‟s wage survey for reasons not relevant to this appeal and relied on the OES data for “Compliance Officers” to issue a prevailing wage determination (“PWD”) of $95,534.00. ... - See more at: