PERM Additional Wage Requirements

An immigration lawyer can be consulted to explain the new changes to work permits under PERM.

1. What additional documentation may the employer provide to the Certifying Officer when requesting a review of the prevailing wage?

Answer: The single opportunity to submit supplemental information to the State Workforce Agency represents the employer's only opportunity beyond the initial filing to include materials in the record that will be before the Certifying Officer in the event of an employer request for review under § 656.41. The appeal stage of the process is not intended to serve as an avenue for the employer to submit new materials relating to a prevailing wage determination.

2. Is the employer permitted to use a wage range as opposed to a single wage rate in advertisements for the job offer?

Answer: Yes, the employer may advertise with a wage range as long as the bottom of the range is no less than the prevailing wage rate.

3. What is meant by "domestic worker applicants" in the provision on actual minimum requirements?

Answer: For purposes of § 656.17(i)(3), the provision on actual minimum requirements, the term "domestic" is being used as an alternative for "United States."

4. What is meant by "contract employee" under the employer's actual minimum requirements provision?

Answer: For purposes of the actual minimum requirements provision, the term "contract employee" is intended to include all persons contracted to work for the employer. The broad use of the term under the actual minimum requirements provision is intended to ensure the provision applies to experience gained working for the employer by the alien, whatever the alien's employment status.

Return to list of PERM FAQ and Info.