91-INA-388 (February 4, 1994)

BALCA held in this case that in identifying the pool of workers to include in a prevailing wage survey, the nature of the employer is not a relevant factor in making prevailing wage determinations; that is to say, prevailing wages are determined by taking a “cross-industry survey,” in which all types of employers employing people in a particular occupational classification are included. Factors such as whether an employer is a small non-profit cannot be taken into consideration, and the wages paid to similarly employed individuals from all types of employers are placed in the survey pool.

NAFSA note: INA § 212(p)(1) and 20 C.F.R. § 655.731(a)(2)(vii) create an exception for workers employed by institutions of higher education and nonprofit or governmental research organizations.