THE ABC'S OF IMMIGRATION - DEPARTMENT OF LABOR GUIDANCE ON PREVAILING WAGES FOR LABOR CERTIFICATIONS The Employment and Training Administration of the Department of Labor recently issued guidance to state employment security administrations (SESAs) on determining the prevailing wage in applications for alien labor certifications. Each job in the Occupational Employment Statistics Survey is subdivided into two skill levels, Level I and Level II. Determining which skill level a position falls in is one of the most contentious elements of the labor certification process.
Responding to these concerns, the DOL has issued a memo clarifying the issue. The most important factor for the SESA in determining whether a job has a skill level of Level I or Level II is the job description. In particular, the SESA is to look for information concerning the complexity of job duties, the level of judgment, the amount of supervision, and the level of understanding required to perform the job. The SESA is not to rely solely on the education or training required in determining the skills level.
Level I jobs include not only entry-level positions, but can also include positions were independent judgment is required. Level I employees perform routine and moderately complex tasks, with limited judgment under close supervision receiving specific instruction on tasks and results expected. This Level I employee can be entry level while performing some higher-level work under supervision in order to gain experience and exposure.
Level II employees are “fully competent” and plan and conduct work requiring independent judgment and evaluation. They take actions concerning standard procedures and techniques. Level II employees are not supervised in their daily tasks, but their work can be reviewed for quality and application of procedures and judgments.
To many, it has long appeared that certain job codes are automatically considered either Level I or Level II positions. This memo states that this is not the case, and stresses that each job code encompasses both levels. The determining factor is not the job code, but the duties assigned to the employee. If the position appears to require independent judgment and competence, in the absence of information to the contrary, it will be considered a Level II job.
The memo cautions against using the Specific Vocations Preparation code in determining the required educational level. The SVP code can indicate the required education, but it also indicates experience. While in many cases, an advanced degree will indicate a Level II position, in other cases, such as where the degree is a requirement for entry into the field, the position should be classified as Level I.
There are a number of specific situations addressed in the memo. Medical residents are found to be either Level I or II employees, depending on the type of residency and the year of the program. For example, most first year residents will be at Level I. Noting that there must be entry-level managers for there to ever be experienced managers, the memo states that not all managerial positions are at Level II. Simply because a position requires the employee to work at client or customer sites is also not a reason to consider it a Level II job. Finally, while most positions that require a license will be Level II, the memo notes that some positions do not, and counsels SESA employees to closely examine the job description. < Back | Next > Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. | 
