Form ETA 9035 Denial
Oct 29th 2002, 3:56 am
#1
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Joined: Oct 2002
Location: Summit.NJ
Posts: 2
Form ETA 9035 Denial
An application was filed for me but we feel was refused because it was less than 95% of prevailing wage rate.
My employer advises rate is out of line with other domestic employees of same education level with more specific company experiance ,which was notated in a letter to the US Dept of Labor
We can appeal this decision within 33 days, does anyone have any input or should we at this stage utalise professional help.
My employer advises rate is out of line with other domestic employees of same education level with more specific company experiance ,which was notated in a letter to the US Dept of Labor
We can appeal this decision within 33 days, does anyone have any input or should we at this stage utalise professional help.
Oct 29th 2002, 5:10 am
#2
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Re: Form ETA 9035 Denial
John Kilby wrote:
> An application was filed for me but we feel was refused because it was
> less than 95% of prevailing wage rate.
> My employer advises rate is out of line with other domestic employees of
> same education level with more specific company experiance ,which was
> notated in a letter to the US Dept of Labor
> We can appeal this decision within 33 days, does anyone have any input
> or should we at this stage utalise professional help.
Well, for one, the employer should have talked to a lawyer right from
the start.
Second, the law is that the employer has to pay at least 95% of the
prevailing wage. If the employer doesn't offer that wage, the LCA has
to be denied. So the remedy is for the employer to pay more, plain
and simple.
-Joe
> An application was filed for me but we feel was refused because it was
> less than 95% of prevailing wage rate.
> My employer advises rate is out of line with other domestic employees of
> same education level with more specific company experiance ,which was
> notated in a letter to the US Dept of Labor
> We can appeal this decision within 33 days, does anyone have any input
> or should we at this stage utalise professional help.
Well, for one, the employer should have talked to a lawyer right from
the start.
Second, the law is that the employer has to pay at least 95% of the
prevailing wage. If the employer doesn't offer that wage, the LCA has
to be denied. So the remedy is for the employer to pay more, plain
and simple.
-Joe
Oct 30th 2002, 2:29 am
#3
Just Joined
Thread Starter
Joined: Oct 2002
Location: Summit.NJ
Posts: 2
Re: Form ETA 9035 Denial
Originally posted by Joachim Feise
John Kilby wrote:
> An application was filed for me but we feel was refused because it was
> less than 95% of prevailing wage rate.
> My employer advises rate is out of line with other domestic employees of
> same education level with more specific company experiance ,which was
> notated in a letter to the US Dept of Labor
> We can appeal this decision within 33 days, does anyone have any input
> or should we at this stage utalise professional help.
Well, for one, the employer should have talked to a lawyer right from
the start.
Second, the law is that the employer has to pay at least 95% of the
prevailing wage. If the employer doesn't offer that wage, the LCA has
to be denied. So the remedy is for the employer to pay more, plain
and simple.
-Joe
John Kilby wrote:
> An application was filed for me but we feel was refused because it was
> less than 95% of prevailing wage rate.
> My employer advises rate is out of line with other domestic employees of
> same education level with more specific company experiance ,which was
> notated in a letter to the US Dept of Labor
> We can appeal this decision within 33 days, does anyone have any input
> or should we at this stage utalise professional help.
Well, for one, the employer should have talked to a lawyer right from
the start.
Second, the law is that the employer has to pay at least 95% of the
prevailing wage. If the employer doesn't offer that wage, the LCA has
to be denied. So the remedy is for the employer to pay more, plain
and simple.
-Joe
Do you know if there is any appeal process one can have with DOL about correctness of there prevailing wage rate determination?
The company had written about this anomally but have not had any response.
Thanks
Thanks
Oct 30th 2002, 3:38 am
#4
Guest
Posts: n/a
Re: Form ETA 9035 Denial
John Kilby wrote:
> Originally posted by Joachim Feise
>
>>John Kilby wrote:
>>>An application was filed for me but we feel was refused because
>> it was
>>>less than 95% of prevailing wage rate.
>>>My employer advises rate is out of line with other domestic
>> employees of
>>>same education level with more specific company experiance
>> ,which was
>>>notated in a letter to the US Dept of Labor
>>>We can appeal this decision within 33 days, does anyone have any
>> input
>>>or should we at this stage utalise professional help.
>>Well, for one, the employer should have talked to a lawyer right from
>>the start.
>>Second, the law is that the employer has to pay at least 95% of the
>>prevailing wage. If the employer doesn't offer that wage, the LCA has
>>to be denied. So the remedy is for the employer to pay more, plain
>>and simple.
>
> -Joe Thanks for your input obviously this is the easy
> cure and it may well be the best solution than trying to fight govt as
> they say. However in this case I am told that survey back in 1999 had a
> salary figure some 28% below the current figure!
Well, there are lots of surveys. But, what is the basis for them?
Obviously, salaries vary between areas. They are probably higher in cities
like NYC, and lower in more rural areas.
The prevailing wage is determined for each geographical area.
> Do you know if there is any appeal process one can have with DOL about
> correctness of there prevailing wage rate determination?
> The company had written about this anomally but have not had any
> response.
I don't know what state this is, but in CA, there is a process
(see http://www.calmis.ca.gov/htmlfile/pr...wdescrip.htm):
The FAQ also talks about the situation if the employer disagrees with the determination
(see http://www.calmis.ca.gov/htmlfile/programs/pwQ&A.htm):
<<<
What is the procedure if I disagree with or do not understand an assigned Standard Occupational
Classification (SOC) code or prevailing wage? You may call the analyst listed at the bottom of the
form for clarification or to request reconsideration. In addition, employers may propose an
alternative wage to the Occupational Employment Statistics/ Foreign Labor Certification (OES/FLC)
wage from a published survey or from an employer-conducted survey. Documentation of an alternate
survey can be mailed or faxed to the Wage Research Unit, EDD/LMID at the above address for
consideration. Please include a new Prevailing Wage Request form and a copy of the disputed
Prevailing Wage Request form.
What are the requirements for an acceptable published or employer-conducted survey? Alternative
surveys must comply with guidelines provided in the Department of Labor's General Administration
Letter (GAL) 2-98. Alternative surveys must:
* Be current. Data must have been collected within 24 months of the publication date or within 24
months of the date an employer submits an employer conducted survey. Published surveys must have
been published within the past 24 months and must be the most current version.
...
>>>
So, from this it is clear that a survey published in 1999 is irrelevant.
-Joe
> Originally posted by Joachim Feise
>
>>John Kilby wrote:
>>>An application was filed for me but we feel was refused because
>> it was
>>>less than 95% of prevailing wage rate.
>>>My employer advises rate is out of line with other domestic
>> employees of
>>>same education level with more specific company experiance
>> ,which was
>>>notated in a letter to the US Dept of Labor
>>>We can appeal this decision within 33 days, does anyone have any
>> input
>>>or should we at this stage utalise professional help.
>>Well, for one, the employer should have talked to a lawyer right from
>>the start.
>>Second, the law is that the employer has to pay at least 95% of the
>>prevailing wage. If the employer doesn't offer that wage, the LCA has
>>to be denied. So the remedy is for the employer to pay more, plain
>>and simple.
>
> -Joe Thanks for your input obviously this is the easy
> cure and it may well be the best solution than trying to fight govt as
> they say. However in this case I am told that survey back in 1999 had a
> salary figure some 28% below the current figure!
Well, there are lots of surveys. But, what is the basis for them?
Obviously, salaries vary between areas. They are probably higher in cities
like NYC, and lower in more rural areas.
The prevailing wage is determined for each geographical area.
> Do you know if there is any appeal process one can have with DOL about
> correctness of there prevailing wage rate determination?
> The company had written about this anomally but have not had any
> response.
I don't know what state this is, but in CA, there is a process
(see http://www.calmis.ca.gov/htmlfile/pr...wdescrip.htm):
The FAQ also talks about the situation if the employer disagrees with the determination
(see http://www.calmis.ca.gov/htmlfile/programs/pwQ&A.htm):
<<<
What is the procedure if I disagree with or do not understand an assigned Standard Occupational
Classification (SOC) code or prevailing wage? You may call the analyst listed at the bottom of the
form for clarification or to request reconsideration. In addition, employers may propose an
alternative wage to the Occupational Employment Statistics/ Foreign Labor Certification (OES/FLC)
wage from a published survey or from an employer-conducted survey. Documentation of an alternate
survey can be mailed or faxed to the Wage Research Unit, EDD/LMID at the above address for
consideration. Please include a new Prevailing Wage Request form and a copy of the disputed
Prevailing Wage Request form.
What are the requirements for an acceptable published or employer-conducted survey? Alternative
surveys must comply with guidelines provided in the Department of Labor's General Administration
Letter (GAL) 2-98. Alternative surveys must:
* Be current. Data must have been collected within 24 months of the publication date or within 24
months of the date an employer submits an employer conducted survey. Published surveys must have
been published within the past 24 months and must be the most current version.
...
>>>
So, from this it is clear that a survey published in 1999 is irrelevant.
-Joe
