| The Application of Prevailing Wage Determination for PERM and H-1B Programs |
| The Application of Prevailing Wage Determination for PERM and H-1B Programs |
| Hi
William, My employer will apply H-1B status for me soon. Please let me know how to apply for the "Prevailing Wage Determination"? Answer, To request a prevailing wage determination for a nonagricultural immigration program, such as PERM, H-1B, H-1B1, and E-3, U.S. employers must complete the Form ETA-9141, Application for Prevailing Wage Determination, and submit it to the National Prevailing Wage Center (NPWC). Electronic filing is strongly recommended. The NPCW will accept online submissions of Form ETA-9141 in the FLAG System for all visa programs at https://flag.dol.gov/ For the H-1B, H-1B1, and E-3 programs, employers have the option of using one of three wage sources to obtain the prevailing wage: 1) Requesting a prevailing
wage from the NPWC (Form ETA-9141);
2) Using a survey conducted by an independent authoritative source; or 3) Using another legitimate source of information. By obtaining the prevailing wage from the NPWC, employers are given "safe-harbor status." This means, if the employer's wage compliance is investigated for any reason, the U.S. Department of Labor's Wage and Hour Division will not challenge the validity of the prevailing wage, so long as it was applied properly, i.e., correct geographic area, occupation, and skill level. |
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