H-2B Blackmail from OFLC

H-2B Blackmail from OFLC

Savvy H-2B employers may use private wage surveys in lieu of the (often significantly higher) OES prevailing wages.  But OFLC is whining about its workload, so on 4 Dec 2013 it posted this 'offer' to H-2B employers:

"The Office of Foreign Labor Certification's National Prevailing Wage Center (NPWC) will accept wage source changes to PWD requests in H-2Bs

The NPWC is experiencing an unprecedented number of prevailing wage determination requests (PWDRs) for H-2B labor certifications, many of which include surveys. The lingering effect of the government shutdown, coupled with the complexity of reviewing new surveys, has resulted in increasing wait times for PWDs with survey requests. Employers' needs may not be able to accommodate the longer processing times, although the NPWC is working to reduce the processing time of these surveys as quickly as possible. Accordingly, for a limited time, an employer wishing to abandon the survey request made at the time of submitting the PWDR and accept in its place a prevailing wage based on the OES may do so without losing the receipt date of the original PWDR. To take advantage of this, the requestor must email the NPWC Helpdesk at FLC.PWD@dol.gov The email should be titled "REQUEST TO CHANGE H-2B SURVEY REQUEST" and must include the following information: the PWD request number, the name of the requestor, the name of the employer, the occupation, and the statement "By submitting this request I give the NPWC permission to modify the 9141 and I understand and accept the requirement to pay the OES prevailing wage to be provided to me, in accordance with H-2B regulations." Such requests will be accepted only until December 31, 2013. Once the request has been made, an employer may not revert to the survey request by requesting its use in a Redetermination or Center Director Review on that determination."

In plain English: "Agree to pay a higher wage, and I might, just might, process your case faster."