PERM Exceptions in Prevailing Wage Determination

All businesses need to be aware of the changes to work permits under PERM on March 28, 2005. An immigration lawyer can assure compliance with the new regulations.

1. When is it permissible to use the median in lieu of the arithmetic mean to establish the prevailing wage?

Answer: If an employer provided survey acceptable under § 656.40(g) provides only a median and not an arithmetic mean, use of the median is permitted.

2. When is the employer permitted to provide an alternate wage source?

Answer: Unless the job opportunity for which certification is sought is covered by a Collective Bargaining Agreement or professional sports league's rules or regulations, the employer may request the State Workforce Agency use an employer-provided survey, or Davis-Bacon Act or McNamara-O'Hara Service Contract Act wage rate, if appropriate.

3. What are the criteria for an acceptable employer-provided survey?

Answer: The State Workforce Agency will make a determination on the acceptability of the employer-provided survey based on the provisions in §§ 656.40(g)(2) and (3).

4. What options are available to an employer who disagrees with the State Workforce Agency (SWA) prevailing wage determination?

Answer: If the employer disagrees with the skill level assigned to its job opportunity, or if the SWA informs the employer its survey is not acceptable, or if there are other legitimate bases for such a review, the employer is afforded one opportunity to provide supplemental information to the SWA. Additionally, the employer may choose to file a new request for a wage determination or request review by the Certifying Officer.

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