The EB-3 Visa Prevailing Wage Determination: The Employer Guide

Updated October 29, 2026

The EB-3 Visa Process, Step by Step: Part 2 of 9

A prevailing wage determination (PWD) is the official notice from the U.S. Department of Labor (DOL) that sets the minimum wage an employer must offer for a specific job at a specific worksite when sponsoring a foreign worker.

Requesting it is the first formal step of the EB-3 visa process, and every later step uses the wage DOL sets here.

This article explains what the PWD is, why it exists, what goes into the request, how DOL sets the wage and how long the determination stays valid.

It’s written for employers sponsoring workers through the EB-3 visa, so it covers the PWD for permanent jobs, not the construction wage rules that share the same name.

Key facts about the prevailing wage determination

• The employer requests it on Form ETA-9141. The request goes to DOL’s National Prevailing Wage Center, usually filed online through the FLAG system (DOL, Prevailing Wage Information).
• DOL sets the wage from government wage data. For most jobs, DOL uses the Occupational Employment and Wage Statistics (OEWS) survey for the occupation and area (20 CFR 656.40).
• The wage depends on the job’s requirements. DOL assigns one of four wage levels, and a job that asks for more experience or skills usually gets a higher level.
• Each PWD has a validity period of 3 to 12 months. The employer must file the PERM application or begin recruitment within that period (20 CFR 656.40).
• The wait is measured in months. DOL handles requests in the order it receives them. The current figure is on the EB-3 visa processing times page.

What is a prevailing wage determination?

A prevailing wage determination is DOL’s written answer to the employer’s request: the official document that states the minimum wage for the job.

DOL defines the prevailing wage as the average wage paid to similarly employed workers in the same occupation and area.

The employer requests it by filing Form ETA-9141, the Application for Prevailing Wage Determination, with DOL’s National Prevailing Wage Center.

DOL reviews the job, matches it to an occupation and issues the PWD through FLAG, its online filing system.

The PWD covers one job at one worksite. An employer sponsoring several workers for the same position, with the same duties, requirements and worksite, uses the same job description and wage for all of them.

Why does DOL set a prevailing wage?

The prevailing wage protects U.S. workers. It makes sure that sponsoring a foreign worker doesn’t lower wages for people doing the same job in the same area.

The PWD becomes the minimum the employer offers throughout the process.

The employer advertises the job at the prevailing wage or higher during local recruitment, lists it on the PERM application and pays at least that wage once the sponsored worker starts work.

If the state or city minimum wage is higher than the prevailing wage, the higher rate applies in practice.

What goes into the prevailing wage request?

The prevailing wage request describes the job in detail, and DOL uses that description to set the wage. The main parts are:

• Job title and duties. What the worker will do day to day.
• Minimum requirements. Any education, training or experience the job requires. For most EB-3 visa Other Workers roles, the requirements are minimal.
• Worksite address. Every location where the work will be done, plus any travel the job involves.

The job described here is the job the employer recruits for and sponsors.

The same details carry through to the PERM application and Form I-140, so they need to be right from the start.

Changing them later usually means starting this step over.

How does DOL decide the wage?

DOL first matches the job to an occupation, identified by a Standard Occupational Classification (SOC) code, such as janitors and cleaners or packers and packagers.

It then looks up the wage for that occupation in the job’s area of intended employment, the area within normal commuting distance of the worksite.

For most jobs, the wage comes from the OEWS survey run by the Bureau of Labor Statistics.

DOL updates this wage data once a year, and the current data applies from July 1, 2026 through June 30, 2027 (DOL, OEWS technical release notes for the July 2026 wage year).

What is a prevailing wage level?

Within each occupation, DOL assigns one of four prevailing wage levels, from Level I (entry level) to Level IV.

The level depends mainly on what the job requires: education, experience, special skills and duties.

A job that asks for no experience usually gets a lower level than the same job that asks for 24 months of experience.

Requirements beyond what’s normal for the occupation can raise the level, and they must be justified later in the process. That’s why it helps to list only the requirements the job truly needs.

Today, Level I is set at the 17th percentile of wages for the occupation and area, Level II at the 34th, Level III at the 50th and Level IV at the 67th.

In March 2026, DOL proposed raising all four levels, for example Level I to the 34th percentile (Federal Register, March 27, 2026). It’s a proposal, not a final rule, so the current levels still apply.

How can I check the wage before filing?

The EB3.work Prevailing Wage Calculator shows the prevailing wage for a job by wage level and location.

It’s a quick way to see what DOL is likely to set before the request is filed. The official figure is always the one on the PWD itself.

How long does a prevailing wage determination take?

DOL handles PWD requests in the order it receives them, and the wait is measured in months.

The employer can’t speed it up, so it’s worth getting the job description right before filing.

If something in the request needs clarifying, DOL may send a prevailing wage request for information (RFI) asking about the duties, requirements or worksite.

DOL issues the PWD after it reviews the response, so an RFI adds time to this step.

For the current wait, see current PWD processing times on the EB-3 visa processing times page.

How long is a prevailing wage determination valid?

Each PWD shows a validity period, which DOL sets between 3 and 12 months (90 days to one year) from the date it’s issued (20 CFR 656.40).

The employer must file the PERM application or begin the required recruitment within that period.

That’s why timing matters. Local recruitment usually starts after the PWD is issued, and planning it early keeps it well within the validity period.

If the period runs out before the employer files or begins recruitment, it has to request a new PWD and wait again.

What the employer does at this step

• Approve the job title and description, including the day-to-day duties.
• Confirm the worksite address, plus any other locations or travel.
• Confirm the job’s minimum requirements, and leave out anything the job doesn’t truly need.
• Check the expected wage with the Prevailing Wage Calculator.
• Review the wage on the PWD when DOL issues it, and confirm you can pay it.
• Be ready to answer quickly if DOL sends a request for information.

Frequently asked questions