What happens if the DOL determines a wage higher than what the employer is willing to pay?
If the wage issued by DOL is higher than what the employer is willing to pay, it is possible to look at alternative classifications. DOL policy on combination of occupations cases is to assign the highest Prevailing Wage that applies. The employer may file supplemental information to DOL for PWD review requests (including all challenges and appeals) under 20 CFR 656.40 or 656.41. The requests for PDW review by the Board of Alien Labor Certification Appeals (BALCA) must be in writing and must be made no more than 30 days after determination.
