In Matter of Children’s Hospital Corporation [BALCA 2011-PER-01338 (November 15, 2011)], the Board of Alien Labor Certification Appeals (BALCA) examined a teaching hospital’s relationship with a university medical school, to determine whether the hospital should be considered “affiliated or related” to an institution of higher education under INA 212(p)(1) and 20 CFR 656.40, for purposes of prevailing wage determinations under the American Competitiveness and Workforce Improvement Act (ACWIA).

BALCA found that the hospital’s long-standing, integral, and well-documented relationship with the medical school satisfied the requirements of INA 212(p)(1) and 20 CFR 656.40, and as such the hospital was entitled to receive a prevailing wage determination under ACWIA.