Is it permissible for an employer to file a single application where multiple worksites are located within a Metropolitan Statistical Area (MSA) and the worksites do not cross SWA jurisdictions?
Yes. Training and Employment Guidance Letter (TEGL) 21-06, Section III, states that an employer desiring to use foreign workers for temporary non-agricultural employment must file a complete ETA Form 750, Part A, with the State Workforce Agency (SWA) serving the area of intended employment. The “area of intended employment” means the area within normal commuting distance of the place of intended employment. If the place of intended employment is within a Metropolitan Statistical Area (MSA), then any place within the MSA is deemed to be within normal commuting distance of the place of intended employment. In the circumstance describe above, the employer may file a single application that covers all of the worksite locations within a MSA within the jurisdiction of the same SWA. Important Note: If the SWA determines that different prevailing wages exist for the occupation being requested for certification within the MSA, then the employer shall offer the highest prevailing wage across all
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