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UNCLAS STATE 067428

VISAS, ATTENTION: OIE 428 PROGRAM

E.O. 12958: N/A
TAGS: CMGT, CVIS
SUBJECT: DETERMINING PREVAILING WAGE REQUIREMENT FOR VISAS
OF DOMESTIC EMPLOYEES

REF: (A) 03 STATE 97889 (B) 9 FAM 41.21 N6.2
(-C-) 9 FAM 41.31 N6.3-2

FOR CONSULAR SECTION CHIEF, EMBASSIES PASS TO CONSULS

1. The Department of Labor''s prevailing wage statistics
for alien labor certification requirements have been
updated for 2004. The Department considers these
prevailing wage statistics to most closely reflect a fair
living wage for servants and personal employees, and
instructs consular officers to rely upon these figures when
determining whether employment contract provisions satisfy
applicable prevailing wage requirements in Refs B and C for
applicants of A-3, G-5, NATO-7 and B-1 visas for domestics.
DOL maintains an Alien Labor Certification/Occupational
Employment Survey (ALC-OES) database that breaks down
prevailing wage statistics by occupation and metropolitan
area. This information is available on the web at
www.flcdatacenter.com.

2. The Level One hourly prevailing wage for 2004 in the
ALC-OES database for "Maids and Housekeeping Cleaners" is
$8.84/hour in the New York City area, $6.71/hour in the
Washington, DC area, and $6.15/hour in the Miami, FL area.
If post needs prevailing wage information for another
metropolitan area and is unable to find it on the
www.flcdatacenter.com website, then it should request the
information by e-mailing CA/VO/L/A.

3. Consular officers should ensure that the terms of the
contract are clear and that they conform to the
requirements of 9 FAM 41.21 N6.2 and 41.22 N4.4, including
in particular payment for time on premises after hours,
employee''s retention of passport, and employee''s right to
leave the premises when not on duty. At the time of
interview, consular officers should inform all domestic
workers that they will be subject to and protected by U.S.
law while in the United States, that their contracts create
legal obligations on the part of both employee and
employer. Consular officers should also make domestic
workers aware that the telephone number for police and
emergency services is 911, and that the Department of
Health and Human Services maintains a telephone hotline for
reporting abuse of domestic employees, 1-888-3737-888.

4. Minimize considered.
POWELL