Federal Register - May 13, 2021
Versione di testo Cosa è?Dateas è un sito indipendente non affiliato a entità governative. La fonte dei documenti PDF che pubblichiamo qui è l'entità governativa indicata in ciascuno di essi. Le versioni in testo sono trascrizioni che realizziamo per facilitare l'accesso e la ricerca di informazioni, ma possono contenere errori o non essere complete.
Source: Federal Register
26178
Federal Register / Vol. 86, No. 91 / Thursday, May 13, 2021 / Rules and Regulations
permitted under paragraph b4 of this section.
i The BLS shall provide the OFLC
Administrator with the OES wage data by occupational classification and geographic area, which is computed and assigned at levels set commensurate with the education, experience, and level of supervision of similarly employed workers, as determined by the Department.
ii Except as provided under paragraph b2iii of this section, the prevailing wage shall be provided by the OFLC Administrator at the following four levels:
A The Level I Wage shall be computed as the 35th percentile of the OES wage distribution and assigned for the most specific occupation and geographic area available.
B The Level II Wage shall be determined by first dividing the difference between Levels I and IV by three and then adding the quotient to the computed value for Level I and assigned for the most specific occupation and geographic area available.
C The Level III Wage shall be determined by first dividing the difference between Levels I and IV by three and then subtracting the quotient from the computed value for Level IV
and assigned for the most specific occupation and geographic area available.
D The Level IV Wage shall be computed as the 90th percentile of the OES wage distribution and assigned for the most specific occupation and geographic area available. Where the Level IV Wage cannot be computed due to wage values exceeding the uppermost interval of the OES wage interval methodology, the OFLC Administrator shall determine the Level IV Wage using the current hourly wage rate applicable to the highest OES wage interval for the specific occupation and geographic area, or the arithmetic mean of the wages of all workers for the most specific occupation and geographic area available, whichever is highest.
iii Transition wage rates are as follows:
A For the period from November 14, 2022 through December 31, 2022, the prevailing wage shall be provided by the OFLC Administrator at the following four levels:
1 The Level I Wage shall be computed as the arithmetic mean of the lower one-third of the OES wage distribution and assigned for the most specific occupation and geographic area available.
2 The Level IV Wage shall be computed as the arithmetic mean of the
VerDate Sep<11>2014
16:06 May 12, 2021
Jkt 253001
upper two-thirds of the OES wage distribution and assigned for the most specific occupation and geographic area available.
3 The Level II Wage and Level III
Wage shall be determined by applying the formulae provided in paragraphs b2iiB and C of this section to the Level I and Level IV values in paragraphs b2iiiA1 and 2 of this section.
B For the period from January 1, 2023, through December 31, 2023, the prevailing wage shall be provided by the OFLC Administrator at the following four levels:
1 The Level I Wage shall be 90
percent of the wage provided under paragraph b2iiA of this section, or the wage provided under paragraph b2iiiA1 of this section, whichever is higher.
2 The Level IV Wage shall be 90
percent of the wage provided under paragraph b2iiD of this section, or the wage provided under paragraph b2iiiA2 of this section, whichever is higher.
3 The Level II Wage and Level III
Wage shall be determined by applying the formulae provided in paragraphs b2iiB and C of this section to the wages established under paragraphs b2iiiB1 and 3 of this section.
C Notwithstanding any other provision of this section, if the employer submitting the Form ETA9035/9035E, Labor Condition Application for Nonimmigrant Workers and, as applicable, the Form ETA9141, Application for Prevailing Wage Determination, will employ an H1B
nonimmigrant in the job opportunity subject to the Labor Condition Application for Nonimmigrant Workers who was, as of October 8, 2020, the beneficiary of an approved Immigrant Petition for Alien Worker, or successor form, or is eligible for an extension of his or her H1B status under sections 106a and b of the American Competitiveness in the Twenty-first Century Act of 2000 AC21, Public Law 106313, as amended by the 21st Century Department of Justice Appropriations Authorization Act, Public Law 107273 2002, and the H1B nonimmigrant is eligible to be granted immigrant status but for application of the per country limitations applicable to immigrants under paragraphs 203b1, 2, and 3
of the INA, or remains eligible for an extension of the H1B status at the time the Labor Condition Application for Nonimmigrant Workers is filed:
1 For the period from January 1, 2023, through December 31, 2023, the prevailing wage shall be provided by the
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
OFLC Administrator at the following four levels:
i The Level I Wage shall be 85
percent of the wage provided under paragraph b2iiA of this section, or the wage provided under paragraph b2iiiA1 of this section, whichever is higher.
ii The Level IV Wage shall be 85
percent of the wage provided under paragraph b2iiD of this section, or the wage provided under paragraph b2iiiA2 of this section, whichever is higher.
iii The Level II Wage and Level III
Wage shall be determined by applying the formulae provided in paragraphs b2iiB and C of this section to the wages established under paragraphs b2iiiC1i and ii of this section.
2 For the period from January 1, 2024, through December 31, 2024, the prevailing wage shall be provided by the OFLC Administrator at the following four levels:
i The Level I Wage shall be 90
percent of the wage provided under paragraph b2iiA of this section, or the wage provided under paragraph b2iiiC1i of this section, whichever is higher.
ii The Level IV Wage shall be 90
percent of the wage established under paragraph b2iiD of this section, or the wage established under paragraph b2iiiC1ii of this section, whichever is higher.
iii The Level II Wage and Level III
Wage shall be determined by applying the formulae provided in paragraphs b2iiB and C of this section to the wages established under paragraphs b2iiiC2i and ii of this section.
3 For the period from January 1, 2025, through December 31, 2025, the prevailing wage shall be provided by the OFLC Administrator at the following four levels:
i The Level I Wage shall be 95
percent of the wage provided under paragraph b2iiA of this section, or the wage provided under paragraph b2iiiC2i of this section, whichever is higher.
ii The Level IV Wage shall be 95
percent of the wage provided under paragraph b2iiD of this section, or the wage provided under paragraph b2iiiC2ii of this section, whichever is higher.
iii The Level II Wage and III Wage shall be determined by applying the formulae provided in paragraphs b2iiB and C of this section to the wages established under paragraphs b2iiiC3i and ii of this section.
4 Beginning January 1, 2026, the prevailing wage shall be provided by the OFLC Administrator in accordance with
E:FRFM13MYR1.SGM
13MYR1
