Prevailing Wage Determination for PERM

Below is a partial explanation of some the changes to work permits under PERM. Consult an immigration lawyer to ensure compliance within the worksite.

Question: Is the employer permitted to use a valid prevailing wage determination issued prior to March 8, 2005?

Answer: Yes, but only if the wage source used to make the determination was one other than the wage component of the Occupational Employment Statistics (OES), i.e., an employer-provided survey, a McNamara-O'Hara Service Contract Act or Davis-Bacon Act wage, or a Collective Bargaining Agreement wage. To apply under PERM, those employers using the OES must obtain a prevailing wage determination after March 8, 2005.

Note: In all labor certification applications filed (postmarked or electronically dated) on or after March 8, 2005, the wage offer must be 100% of the prevailing wage determination and, if the OES is used to make the prevailing wage determination, the determination must be based on the four wage level provision.

Question: Is it permissible to use the same prevailing wage determination for more than one application?

Answer: Yes, as long as provisions regarding the validity period are followed, the employer is permitted to use the same prevailing wage determination if the prevailing wage is for the same occupation and skill level; the same wage source is applicable; and the same area of intended employment is involved.

Question: Does a prevailing wage determination expire?

Answer: Yes, a prevailing wage determination has a limited validity period as specified by the State Workforce Agency (SWA), which may range from no less than 90 days to no more than one year from the determination date.

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