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Cites regarding prewailing wage issues
* Milleshor, Inc. 2000 INA 288 BALCA, 1/8/02: GAL 2-98 is neither a law nor a regulation but an internal agency document intended to offer guidelines to SESAs. Shows how a SESA’s use of OES can be challenged by finding a better, more representative survey.

* BALCA had set the standard for acceptance of employer surveys in the leading case of Matter of PPX Enterprises Inc., 88–INA–25 (BALCA May 31, 1989) (en banc):

* Maysa, Inc. 98 INA 259 BALCA 5/21/99: An employer’s failure to pay the prevailing wage determined for labor certification purposes while the alien was in H-1B status was not a basis for denial of the labor certification, since the labor certification is a prospective commitment to pay the prevailing wage.

* University of North Carolina, 90-INA-422, June 9, 1992. In this case the Board granted certification to an Employer who raised some wage issues, including the issue of a range of wages. The Board cited the range wage policy in the case. In the matter of University of North Carolina, Employer on behalf of Nalin Rasiklal Parikh, Alien Case No. 90-INA-422, June 9, 1992.

Other issues connected to prewailing wage
* The survey must reflect the area of intended employment. Defined in regulation 20 CFR § 656.3 as the area within normal commuting distance of the place (address) of employment. Regulatory presumption: if place of employment is within an MSA then any place within the MSA is deemed to be within normal commuting distance. “Normal commuting distance” is something to be proven by mileage estimates, bus and train routes, etc.