A request for a Prevailing Wage Determination ("PWD") must be submitted to the State Workforce Agency ("SWA")

We do not know how long this will take.  The USDOL has directed that SWA's act "expeditiously (whatever that means).

Validity of a PWD is no less than 90 days but no more than one year.  The discretion of the time is left to the SWA.

     Under the proposed system, SWAs will no longer receive or review applications. They will, however, continue to provide PWDs.

[PREVALING    Wages - Four Levels]

On December 8, 2004, the President signed into law the Consolidated Appropriations Act, 2005. This legislation amends Section 212(p) of the INA, 8 U.S.C. 1182(p), to provide that:

    (3) The prevailing wage required to be paid pursuant to (a)(5)(A), (n)(1)(A)(i)(II) and (t)(1)(A)(i)(II) shall be 100 percent of the wage determined pursuant to those sections.

    (4) Where the Secretary of Labor uses, or makes available to employers, a governmental survey to determine prevailing wage, such survey shall provide at least 4 levels of wages commensurate with experience, education, and the level of supervision. Where an existing government survey has only 2 levels, 2 intermediate levels may be created by dividing by 3 the difference between the two levels offered, adding the quotient thus obtained to the first level, and subtracting that quotient from the second level.

    The 100 percent requirement is consistent with this final rule. The Department will be preparing guidance concerning the implementation of the 4 levels of wages.<