DOL announces “bright line” rules for travel when requesting a prevailing wage and filing a labor certification/9089. These rules are somewhat helpful but the AILA summary provided below is even more helpful in determining what impact travel will have on both the offered/prevailing wage and the job requirements stated in the labor certification application itself. Read the article posted by American Immigration Lawyers Association (AILA) below:
AILA InfoNet Doc. No. 14040745. (Posted 4/7/14)
Incidental Travel. Incidental travel occurs only occasionally and is “incidental” (that is, inherent) to the position. It might involve attendance at a professional conference, or the occasional visit to a client site. Incidental travel happens infrequently (perhaps only 1% of the time) and not more than several days a few times a year. It would not affect a wage determination and therefore probably does not need to be cited on the PWD, in the advertising, or elsewhere.
Practice Pointer: If you opt to list travel of an incidental nature, you might phrase it like this: “Only incidental domestic travel is required for this position.” See note below on international travel, however.
Little Travel. Little travel is intermittent. It happens without much advance planning and might take up more than “several” days but less than 60 days per year. It might constitute up to 24% of the employee’s work time and therefore should probably be listed on the PWD, as well as on the ETA 9089 and in the recruitment. Will it affect the wage? Probably not, unless “no travel” or
“incidental travel” is considered normal for the occupation. For example, according to the OOH, post-secondary teachers are only permitted incidental travel, even though they often travel to conferences, research sites, and extension sites, depending on the specialty and the nature of their research. So if “little travel” is indicated for a physics professor, expect the addition of a wage level to the normal Level I for an Assistant Professor.
Practice Pointer. Even though “little travel” does not affect the wage, it should be listed to apprise applicants of the requirement. It might be expressed this way: “This position requires only little domestic travel.”
Limited Travel. Here’s where travel become more definitive. Limited travel occurs on a weekly basis, perhaps one to two days a week, for a total of more than 13 weeks and up to 26 weeks per year. It affects the employee 25% to 49% of the time spent on the job and must always be listed in the prevailing wage request, on the ETA 9089 and in recruitment. Whether the travel is international, domestic, or both, limited travel may boost the wage one level point, depending on the SOC code. Certain occupations, however, allow limited, some, and even extensive levels of travel. For example, limited levels of domestic travel are normal for most computer occupations.
Practice Pointer: Limited travel might be phrased like this: “This position requires limited domestic and international travel to client sites.”
Some Travel. Some travel must absolutely be listed on the prevailing wage request, on the ETA 9089, and in recruitment (job order, notice of filing, advertising). Some travel occurs two to three weeks a month for three to four days each week, occupying more than 26 weeks and up to 41 weeks of the employee’s time on the job. When “some” travel is involved, the employee is
on the road 50% to 79% of the time.
Practice Pointer: Some travel might be expressed as follows: “This position requires some domestic travel 2 – 3 weeks a month for a few days each week to client sites, as assigned.” But note that you aren’t necessarily required on the 9141 to describe the exact amount of travel and would only need to list the frequency and type (i.e. limited domestic, some international, etc.)
Extensive Travel. Extensive travel occurs 42 or more weeks per year, four to five weeks per month, and four to five days per week. It occupies 80% of the employee’s work time and will most certainly merit at least one level point for the wage. It follows, then, that it must be listed in all other places where the applicants can be apprised of the job requirements, and of course on
the ETA 9089.
Please also note that following important considerations:
- International Travel. International travel of any frequency, even incidental, will usually add a level point to the wage. Therefore, it should always be listed in the PWD, job order, notice of filing, advertising, and the 9089. The only SOCs that will not merit a level increase for international travel would be executive level positions, such as Chief Executives, 11-1011.
- Relocation vs. Travel. Relocation is different from travel. Travel is an inherent part of the daily job duties, whether incidental or extensive. However, relocation or willingness to relocate is a requirement like a degree or experience. Relocation alone will merit a wage level point, and it should be cited in all places. If relocation and type/frequency of travel not normal to the occupation are required for the position, then two level points will be assigned to the wage.
- Multiple Worksites. Multiple worksites inherently involve travel. But multiple worksites that involve only incidental travel or travel found normal to the occupation will not affect the wage. Only if multiple worksites implicate more frequent “travel” as described above will an additional level point be assigned to the wage. Likewise, multiple worksites that demand relocation will also affect the wage by one level point.
Summary. In conclusion:
- Travel not considered “normal” to the SOC will add a wage level point.
- Relocation will generally add a wage level point.
- These items should be carefully delineated on the ETA 9141 as described above to avoid the incorrect addition of wage levels.
- Both, as a matter of practice and habit, if indicated anywhere, including the ETA 9141, should be listed on all other documentation, including the advertising, ETA 9089, job order, and notice of filing. If omitted in any recruitment, repeat that recruitment step.
- And good luck as you travel through the ever-changing labyrinth of PERM!
AILA InfoNet Doc. No. 14040745. (Posted 4/7/14)