1. Prevailing Wage Determination (PWD)

A. What is a Prevailing Wage?

The prevailing wage is the average wage paid to workers in a specific occupation and geographic area. U.S. immigration law requires that foreign workers must be paid at least this wage to ensure their hiring does not negatively affect wages and conditions for U.S. workers.

B. Which Programs Require a Prevailing Wage Determination from the NPWC?

A Prevailing Wage Determination (PWD) from the National Prevailing Wage Center (NPWC) is mandatory for:

• PERM (Permanent Labor Certification)
• H-2B (Temporary Non-Agricultural Workers)

It is optional but recommended for:

• H-1B (Specialty Occupations)
•  H-1B1 (Chile & Singapore Free Trade)
• E-3 (Australian Specialty Workers)

Note: H-2A (Agricultural) visas do not require a PWD from the NPWC.

C. Prevailing Wage Determination Process

• Employers submit Form ETA-9141 to the NPWC through the FLAG (Foreign Labor Application Gateway) system.
• The NPWC reviews the job details, location, and requirements.
• A prevailing wage is issued, setting the minimum salary the employer must offer.

Employers can also use:

Independent wage surveys

Other legitimate wage data sources

Requesting a Prevailing Wage from the NPWC:

Submitting Form ETA-9141 via the FLAG System is the most reliable method. This gives employers an official prevailing wage issued by the Department of Labor.

2. Recruitment Phase

After obtaining the Prevailing Wage Determination (PWD), employers must conduct specific recruitment steps to test the U.S. labor market:

A. Job Order: Place a job order with the State Workforce Agency (SWA) for at least 30 consecutive days.

B. Newspaper Advertisements: Publish two Sunday advertisements in a newspaper of general circulation in the area of intended employment.

C. Notice of Filing (NOF): Post a notice at the worksite for 10 consecutive business days.

Additional Recruitment (for professional positions): Conduct at least three additional recruitment steps from a list of ten options, such as job fairs, employer’s website, or job search websites.

These recruitment efforts must occur between 30 and 180 days before filing the PERM application (ETA Form 9089)

Note: If the employer has already completed the PWD and recruitment process, the PERM filing for the foreign worker (ETA-9089) can be submitted without further delay this significantly reduces processing time for the foreign beneficiary.