UNIVERSITY CORNER: PREVAILING WAGE PROBLEMS FOR UNIVERSITY-EMPLOYED RESEARCHERS

A key requirement for H-1B visas, available to professional workers, is the ability to demonstrate that the employer is paying at least the "prevailing wage" for workers in that particular occupation for that particular geographic area. The Department of Labor's current policy is that wages paid to academic employees should be compared to workers in private companies when determining prevailing wages. This policy is extremely controversial since wage differences between universities and private industry frequently amount to thousands, or even tens of thousands, of dollars. Universities have been particularly upset since the policy has made it very difficult, in many cases, to secure visas for various employees such as post-doctoral research associates. Arguably, important research projects are disrupted as a result of the policy.

The US Labor Department has announced plans to develop new regulations to address the problem, according to a letter sent by Department of Labor Deputy Assistant Secretary John Robinson to the Chairman of House Immigration Subcommittee. The Department of Labor plans to establish a separate wage system for university researchers. A proposed rule is expected to be issued this month.