R 261608Z MAR 04
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
AMEMBASSY BUJUMBURA
AMEMBASSY DUSHANBE
AMEMBASSY KABUL
AMEMBASSY KHARTOUM
AMEMBASSY PORT AU PRINCE
CPA BAGHDAD 0132
INFO PAGE 02 STATE 067428 261607Z
HQ BICE INTEL WASHDC//DIR INTL AFF//

UNCLAS STATE 067428


VISAS, ATTENTION: OIE 428 PROGRAM

E.O. 12958: N/A
TAGS: CMGT, CVIS
SUBJECT: DETERMINING PREVAILING WAGE REQUIREMENT FOR VISAS OF DOMESTIC EMPLOYEES

REF: (A) 03 STATE 97889 (B) 9 FAM 41.21 N6.2
(-C-) 9 FAM 41.31 N6.3-2

FOR CONSULAR SECTION CHIEF, EMBASSIES PASS TO CONSULS

1. The Department of Labor's prevailing wage statistics for alien labor certification requirements have been updated for 2004. The Department considers these prevailing wage statistics to most closely reflect a fair living wage for servants and personal employees, and instructs consular officers to rely upon these figures when determining whether employment contract provisions satisfy applicable prevailing wage requirements in Refs B and C for applicants of A-3, G-5, NATO-7 and B-1 visas for domestics. DOL maintains an Alien Labor Certification/Occupational Employment Survey (ALC-OES) database that breaks down prevailing wage statistics by occupation and metropolitan area. This information is available on the web at www.flcdatacenter.com.

2. The Level One hourly prevailing wage for 2004 in the ALC-OES database for "Maids and Housekeeping Cleaners" is $8.84/hour in the New York City area, $6.71/hour in the Washington, DC area, and $6.15/hour in the Miami, FL area. If post needs prevailing wage information for another metropolitan area and is unable to find it on the www.flcdatacenter.com website, then it should request the information by e-mailing CA/VO/L/A.

3. Consular officers should ensure that the terms of the contract are clear and that they conform to the requirements of 9 FAM 41.21 N6.2 and 41.22 N4.4, including in particular payment for time on premises after hours, employee's retention of passport, and employee's right to leave the premises when not on duty. At the time of interview, consular officers should inform all domestic workers that they will be subject to and protected by U.S. law while in the United States, that their contracts create legal obligations on the part of both employee and employer. Consular officers should also make domestic workers aware that the telephone number for police and emergency services is 911, and that the Department of Health and Human Services maintains a telephone hotline for reporting abuse of domestic employees, 1-888-3737-888.

4. Minimize considered.
POWELL