This blog is not about how the DOL took something that was instantly certified, so that business could move forward, and slowed it down. Yes, there’s much to gripe about there. Our H-1B process will become much slower, but then, why should the Government aid is speeding up business? We have slowed down as a nation, we are just standing and smelling the non existent roses.
No, this blog is about DOL’s use of the English language in the Prevailing Wage section of the LCA. Bear in mind this form is to be used not by attorneys, but mostly by Employers when they move H-1B employees from one location to another.
The first question (G-7) is Agency which issued Prevailing Wage. Most Employers just look at the Online Wage Library which is maintained by Foreign Labor Certification Data Center. This is overseen by the Department of Labor. Agencies are little orgs inside a Department. Just because the FLC Data Center does not end with an A, an US Employer should know its not an agency, right? I don’t see why the question asked in the previous LCA (ie What is the source of the prevailing wage?) is not adequate. Why ask 20 questions to get to the right answer? Wait, its probably a game.
Next (G11b) is this wonderful English crafted by the PhDs at the DOL. It says:
If “OES”, and SWA/NPC did not issue prevailing wage OR “Other” in question 11,
Yeah, this means If you used OES or Other, (AND you DID not use SWA/NPC) then write down the obvious answer FLC Data Center.
Can you use a comma before AND?
This reminds me of Lynn Truss’ book Eat, Shoots and Leaves – The Zero Tolerance Approach to Punctuation. The story goes like this: A panda walks into a bar. He asks the bartender for some plant shoots and leaves and a beer. He eats, shoots the bartender with a gun and leaves. The owner looks up the definition of Panda in Wikipedia. It says a Panda eats shoots and leaves. The difference between the two is a comma between eats and shoots.
What University gave Bill Carlson his PhD?
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