For the purposes of subparts H and I of this part:
Actual wage means the wage rate paid by the employer to all individuals with experience and qualifications similar to the H-1B nonimmigant's experience and qualifications for the specific employment in question at the place of employment. The actual wage established by the employer is not an average of the wage rates paid to all workers employed in the occupation.
Administrative Law Judge (ALJ) means an official appointed pursuant to 5 U.S.C. 3105.
Administrator means the Administrator of the Wage and Hour Division, Employment Standards Administration, Department of Labor, and such authorized representatives as may be designated to perform any of the functions of the Administrator under subpart H or I of this part.
Aggrieved party means a person or entity whose operations or interests are adversely affected by the employer's alleged non-compliance with the labor condition application and includes, but is not limited to:
(1) A worker whose job, wages, or working conditions are adversely affected by the employer's alleged non-compliance with the labor condition application;
(2) A bargaining representative for workers whose jobs, wages, or working conditions are adversely affected by the employer's alleged non-compliance with the labor condition application;
(3) A competitor adversely affected by the employer's alleged non-compliance with the labor condition application; and
(4) A government agency which has a program that is impacted by the employer's alleged non-compliance with the labor condition application.
Area of intended employment means the area
within normal commuting distance of the place (address) of employment where the
H-1B nonimmigrant is or will be employed. There is no rigid measure of distance
which constitutes a normal commuting distance or normal commuting area, because
there may be widely varying factual circumstances among different areas (e.g
normal commuting distances might be 20, 30, or 50 miles). If the place of
employment is within a Metropolitan Statistical Area (MSA) or a Primary
Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is
deemed to be within normal commuting distance of the place of employment
however, all locations within a Consolidated Metropolitan Statistical Area
(CMSA) will not automatically be deemed to be within normal commuting distance
The borders of MSAs and PMSAs are not controlling with regard to the
identification of the normal commuting area; a location outside of an MSA or
PMSA (or a CMSA) may be within normal commuting distance of a location that is
inside (e.g., near the border of) the MSA or PMSA (or CMSA).
Attorney General means the chief official
of the U.S. Department of Justice or the Attorney General's designee.
Authorized agent and authorized
representative mean an official of the employer who has the legal
authority to commit the employer to the statements in the labor condition
application.
Center Director means the Department
official to whom the Administrator has delegated his authority for purposes of
NPC operations and functions.
Certification means the determination by a
certifying officer that a labor condition application is not incomplete and
does not contain obvious inaccuracies.
Certify means the act of making a
certification.
Certifying Officer means a Department of
Labor official, or such official's designee, who makes determinations about
whether or not to certify labor condition applications.
Chief Administrative Law Judge (Chief ALJ)
means the chief official of the Office of the Administrative Law Judges of the
Department of Labor or the Chief Administrative Law Judge's designee.
Department and DOL mean
the United States Department of Labor.
Department of Homeland Security (DHS) through the
United States Citizenship and Immigration Services (USCIS) makes the
determination under the INA on whether to grant visa petitions of employers
seeking the admission of non-immigrants under H-1B visa for the purpose of
employment.
Division means the Wage and Hour Division
of the Employment Standards Administration, DOL.
Employed, employed by the employer, or employment
relationship means the employment relationship as determined under the
common law, under which the key determinant is the putative employer's right to
control the means and manner in which the work is...
