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"On January 20, 2021, the U.S. District Court for the District of Columbia in Purdue University, et al. v. Scalia, et al. (No. 20-cv-3006) and Stellar IT, Inc., et al. v. Scalia, et al. (No. 20-cv-3175) issued a modified order governing the manner and schedule in which the Office of Foreign Labor Certification (OFLC) will reissue certain prevailing wage determinations (PWDs) that were issued from October 8, 2020 through December 4, 2020, under the wage methodology for the Interim Final Rule (IFR), Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, 85 FR 63872 (Oct. 8, 2020), and at the request of employers under the H-1B, H-1B1, and E-3 temporary programs and PERM labor certification program.
The Department is taking necessary steps to comply with the modified order issued by the District Court. Accordingly, OFLC will be reissuing certain PWDs issued under the Department’s IFR in two phases.
Employers that have already submitted a request in response to the December 3, 2020 announcement posted by OFLC have been issued a PWD and do not need to resubmit a second request for reissuance or take other additional action.
PHASE I: High Priority PWDs
Within 15 working days of receiving the requested list of named Purdue Plaintiffs and Associational Purdue Plaintiffs from Plaintiffs’ counsel, OFLC will reissue all PWDs that have not yet been used in the filing of a Labor Condition Application (LCA) or PERM application as of January 20, 2021, and that fall into one or more of the following categories:
OFLC will individually email each requestor’s point-of-contact identified on the Form ETA-9141, Application for Prevailing Wage Determination, who received a PWD under the IFR and who falls into one or more of the four categories described above to provide notice that OFLC will reissue the applicable PWD automatically. Once completed, OFLC will email the requestor’s point-of-contact a copy of the reissued PWD.
Finally, to provide the general public with transparency on the Department’s commitment, OFLC will make publicly available on the Foreign Labor Application Gateway (FLAG) System website, at https://flag.dol.gov/, a list of all PWDs that are eligible for Phase I with weekly updates identifying the date on which OFLC reissued the applicable PWD.
PHASE II: Emergency Situations
No later than March 2, 2021, OFLC will reissue PWDs for all the requests received under Phase II as described below.
For employers with PWDs issued under the IFR that are not eligible for Phase I, the Department is extending the deadline to request reissuance of a PWD from January 4, 2021, to February 8, 2021, only for employers attesting that they have an emergency situation necessitating reissuance of a PWD. An emergency situation includes the following circumstances:
OFLC will individually email each requestor’s point-of-contact identified on the Form ETA-9141 who received a PWD under the IFR and not yet requested a reissuance to alert them to the extended opportunity to request reissuance of a PWD no later than February 8, 2021. PWDs that OFLC has already reissued or those OFLC determined were used in connection with the filing of a LCA or PERM application will not receive these emails, as such PWDs are not eligible for reissuance.
Employers with emergency situations must affirmatively request reissuance of a PWD by accessing the redetermination function in their FLAG system account OR contacting the National Prevailing Wage Center (NPWC) by email at FLC.PWD@DOL.GOV, and including the words “IFR Request for Emergency Review” followed by the full case number on the Form ETA-9141 in the subject line of the email. No documentation supporting the request based on an emergency situation is needed. However, a statement from the employer or requestor’s point-of-contact attesting to an emergency situation is required.
Finally, to provide the general public with transparency on the Department’s commitment, OFLC will make publicly available on the FLAG System website, at https://flag.dol.gov/, an aggregate report, updated weekly, identifying the total reissuance requests received, total PWDs pending reissuance, and total PWDs reissued.
To download and print a PDF copy of this announcement, please click here."