Prevailing Wages Under DBA, SCA, and During Recruitment for PERM

The rules for PERM are changing. Have you consulted with an immigration lawyer to learn the new requirements for work permits filed under PERM? Below is advice for dealing with the changes.

Question: Must the employer request a prevailing wage from a State Workforce Agency (SWA) if a Collective Bargaining Agreement exists or the employer is choosing to use a Davis-Bacon Act or McNamara-O'Hara Service Contract Act wage?

Answer: Yes, the employer must always request a prevailing wage from the SWA having jurisdiction over the proposed area of intended employment. The SWA is responsible for evaluating whether the wage source chosen by the employer is applicable and/or acceptable.

Question: If the employer's job opportunity is for an occupation which is subject to a wage determination under the Davis-Bacon Act (DBA) or the McNamara-O'Hara Service Contract Act (SCA), must the employer use the DBA or SCA?

Answer: No, the employer is not required to use a wage determination under the DBA or the SCA but may choose to do so.

Question: Must the employer obtain a prevailing wage determination before the employer begins recruitment?

Answer: No, the employer does not need to wait until it receives a prevailing wage determination before beginning recruitment. However, the employer must be aware that in its recruiting process, which includes providing a notice of filing stating the rate of pay, the employer is not permitted to offer a wage rate lower than the prevailing wage rate. Similarly, during the recruitment process, the employer may not make an offer lower than the prevailing wage to a U.S. worker.

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