The U.S. Department of Labor (DOL) mandates that employers seeking Permanent Labor Certification (PERM) for foreign workers adhere to prevailing wage requirements. This ensures that hiring foreign workers does not negatively impact the wages of U.S. workers in similar positions. Employers must obtain a Prevailing Wage Determination (PWD) from the National Prevailing Wage Center (NPWC) and offer at least this wage to the foreign worker upon commencing employment after PERM approval.
What Is a Prevailing Wage?
A prevailing wage is the average wage paid to similarly employed workers in a specific occupation within the area of intended employment. This rate ensures that the employment of foreign workers does not adversely affect the wages of U.S. workers.
Obtaining a Prevailing Wage Determination (PWD)
Employers must request a PWD by submitting Form ETA-9141 to the NPWC. The NPWC evaluates factors such as job duties, requirements, and location to determine the appropriate wage level. Processing times can vary, so it’s advisable to plan accordingly.
When Must the Prevailing Wage Be Paid?
Employers are required to pay the prevailing wage once the foreign worker begins employment in the certified position. It’s important to note that the obligation to pay the prevailing wage does not commence during the PERM application process but starts when the foreign worker assumes the role for which certification was obtained.
Validity Period of a PWD
A PWD is typically valid for 90 days to one year. Employers must file the PERM application within this period. Additionally, recruitment efforts should be completed within 90 days before filing the PERM application to ensure compliance.
Key Considerations:
- Timely Application: Ensure that the PERM application is filed within the PWD’s validity period to avoid the need for a new determination.
- Accurate Job Descriptions: Provide precise job duties and requirements to facilitate an accurate prevailing wage determination.
- Compliance: Adhering to prevailing wage requirements is crucial for complying with DOL regulations and protecting the integrity of the U.S. labor market.
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JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
