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To request a prevailing wage determination for a Nonagricultural Immigration Program (PERM, H-1B, H-1B1, H-2B, and E-3) employers must complete the Form ETA-9141 (Application for Prevailing Wage Determination) and submit it to the National Prevailing Wage Center (NPC). Electronic filing is strongly recommended.
In order to file the PERM application, it is necessary to obtain a prevailing wage determination (PhD) from the DOL. This establishes the appropriate minimum wage level required for the position. Wage determinations take approximately six weeks, as of this writing.
Once the initial planning step is complete, employers will typically request a prevailing wage determination (PhD) from DOL. As of 2019, processing of Pads takes about four months.
The DOL will give the employer a prevailing wage determination (PhD) for the job position. As with all employer-sponsored visas, the employer must pay the foreign worker at least the prevailing wage. It usually takes the DOL approximately five to seven weeks to issue the wage, although this time frame can vary.
How Are Prevailing Wages Determined? Employers can obtain this wage rate by submitting a request to the National Prevailing Wage Center (NPC), or by accessing other legitimate sources of information such as the Online Wage Library, available for use in some programs.
The prevailing wage request provides the DOL with information about the offer such as job requirements, job duties, and the worksite location. The PhD is an important aspect of the PERM process, because immigration law requires employers to pay foreign workers at least the prevailing wage for the worker's position.
The prevailing wage rate is the basic hourly rate paid on public works projects to a majority of workers engaged in a particular craft, classification or type of work within the locality and in the nearest labor market area (if a majority of such workers are paid at a single rate).
The prevailing wage rate is defined by the US Department of Labor as the average or standard wage paid to similarly-employed workers in a specific occupation in the areas of intended employment. In other words, it's what an average experienced worker in a region gets paid for doing the type of work they do.
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