PERM Prevailing Wages
A fundamental part of the PERM process involves obtaining a prevailing wage determination from the U.S. Department of Labor (DOL). All prevailing wage requests are submitted directly to the DOL using form ETA 9141.
In many cases, the DOL will use its Online Wage Library (which is based on the Occupational Employment Statistics (OES) survey) to determine the prevailing wage. (OES database). The center also determines the wage by corresponding the position offered with the following:
- Geographic Location
- Required Supervision
An employer can also request that prevailing wage determinations be based on an approved private wage survey. The private survey is required to meet several Department of Labor regulations.
Payment of the Prevailing Wage
In PERM cases, the employer is only required to pay the prevailing wage to the foreign national once the foreign national becomes a permanent resident of the U.S. It is important to note, however, that when the employer files the second stage of the green card case (the I-140, Immigrant Petition for Alien Worker), the employer will be required to document that it had the ability to pay the proffered wage as of the date upon which the PERM application was filed. It is therefore important to make sure, before the PERM application is undertaken, that the employer has a viable business and is able to pay the proffered wage. The labor certification application must offer 100% of the prevailing wage for the position.
PERM Prevailing Wage:
The PERM prevailing wage is valid for at least 90 days. Once the employer receives the prevailing wage designated by the center, the employer is required to submit the recruitment file and PERM Labor Certification within the validity period. The prevailing wage generally changes every year. If the employer fails to submit the documents within the allotted time, the employer is obligated to resubmit and request a new prevailing wage determination.
If the prevailing wage determination is intended for the PERM Labor Certification petition, the recruitment efforts must be completed within the 90 day period before the filing of the PERM application.
How Our Immigration Attorneys Can Help:
- Our attorneys are able to assist clients with the Labor Certification Process. We are able to counsel you in obtaining the most favorable outcome to your PERM case.
- Our immigration lawyers can assist you in meeting PERM Labor Certification deadlines and validity dates.
- Our experienced attorneys are capable of helping you complete the necessary documentation and verifying qualifications.