ZT:Prevailing Wages under omni

Prevailing Wages under the Omnibus Bill
Posted Dec 03, 2004
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The Law Office of Sheela Murthy, P.C. recently reported in a NewsFlash, posted on MurthyDotCom and to MurthyBulletin subscribers, that Omnibus Bill, H.R. 4818, had not yet been signed into law. The status of this Bill has not changed as it has still not been signed by the President. The exact language of the L-1 and H1B provisions, however, is now available. This is a more in-depth analysis of the prevailing wage provisions that were addressed in our Nov 22, 2004 NewsFlash, Omnibus Bill Not Yet Passed - H1Bs and L-1s to be Affected, available on MurthyDotCom.
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Prevailing Wages Calculation for Four Levels
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The name of the H1B section of the Bill is the H1B Visa Reform Act of 2004. As MurthyDotCom and MurthyBulletin readers may recall, the government must either provide a 4-wage level governmental survey, or a formula must be used to calculate the prevailing wage if only a 2-wage level governmental survey is available. The formulas to convert a 2-wage level governmental survey into a 4-wage level governmental survey are:
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New Level 2 :
((Current Level 2 minus Level 1) divided by 3) plus Level 1
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New Level 3 :
Current Level 2 minus ((current Level 2 minus Level 1) divided by 3)
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For example : The U.S. Department of Labor (DOL) Online Wage Library currently indicates that the prevailing wage for a Computer Programmer (OES Code 15-1021) in Baltimore County, Maryland, is $32,594 for Level 1 and $67,850 for Level 2. Since this is a 2-wage level survey, the formula must be applied. To obtain new Levels 2 and 3, the following calculations would have to be made:
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for New Level 2 :
(($67,850 minus $32,594) divided by 3) plus $32,594 equals $44,346
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for New Level 3 :
$67,850 minus (($67,850 minus $32,594) divided by 3) equals $56,098
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Therefore, after the calculations, the 4-level determination for a Computer Programmer in Baltimore County, Maryland, becomes: Level 1, $32,594; Level 2, $44,346; Level 3, $56,098; and Level 4, $67,850.
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How to Determine the Various Levels
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The Bill does not explain how to determine the level that should apply to an individual. This presumably would be addressed in regulations if the Bill is passed into law and the Department of Labor (DOL) implements regulations for this provision of the law. It appears that this provision will also apply to permanent labor certifications as well as H1Bs.
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We at The Law Office of Sheela Murthy will continue to monitor this important legislation to determine whether or when it will go into effect.

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• new prevailing wage also apply -to--PERM- ♀ (92 bytes) () 12/14/2004 postreply 09:10:33