Standards and Major Differences For PERM Wages

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.

What standards will be used in making labor certification determinations under the new, streamlined system?

Answer: The standards used in making labor certification determinations under the new system will be substantially the same as those used in arriving at a determination in the former system. The determination will continue to be based on: whether there are not sufficient United States workers who are able, willing, qualified and available; whether the employment of the alien will have an adverse effect on the wages and working conditions of United States workers similarly employed; and whether the employer has met the procedural requirements of the regulations.

• Prevailing Wage: The offered wage must be equal to or greater than the prevailing wage. The wage must be at least 100% of the prevailing wage; the 5% deviation is no longer acceptable.
• Prevailing Wage: Where an acceptable employer-provided survey provides a median and does not provide an arithmetic mean, the median will be used as the prevailing wage.
• Prevailing Wage: The prevailing wage validity period will vary from no less than 90 days to no greater than one year depending on the wage source used.

Notice of Filing: A notice of filing must be posted in specific locations for ten consecutive business days rather than merely ten days.

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