Prevailing wage

In plain terms: the prevailing wage is the minimum wage the U.S. Department of Labor (DOL) requires an employer to offer for a specific job at a specific worksite when sponsoring a foreign worker.

DOL sets it using government wage data for that occupation in that area. The purpose is to make sure sponsoring a foreign worker doesn’t lower wages for U.S. workers doing the same job nearby. Getting the prevailing wage is the first formal step in sponsoring an EB-3 worker.

What it means for you: the employer offers at least the prevailing wage in its recruitment ads and pays at least that wage to the sponsored worker once they start. If the state or city minimum wage is higher, the higher rate applies.

Prevailing wage request (Form ETA-9141)

In plain terms: the prevailing wage request is the employer’s request to DOL to set the prevailing wage for the job, filed on Form ETA-9141 with DOL’s National Prevailing Wage Center.

The request describes the job title, duties, minimum requirements, worksite address and any travel. The job described in the request is the job the employer recruits for and sponsors, and the details must match across the PERM application and the I-140 petition.

Prevailing wage determination (PWD)

In plain terms: the prevailing wage determination is DOL’s answer to the prevailing wage request: the official document that states the prevailing wage for the job.

DOL matches the job to an occupation, assigns a wage level and sets the wage for the area of intended employment. Each PWD shows a validity period, which DOL sets between 90 days and one year. The employer must either file the PERM application or begin the required recruitment within that period.

Prevailing wage request for information (RFI)

In plain terms: a prevailing wage RFI is a notice from DOL asking the employer for more information about the job before it can issue the prevailing wage determination.

The DOL officer issues an RFI when something in the Form ETA-9141 needs clarifying, such as the job duties, the requirements or the worksite. The notice sets a deadline to respond, and DOL issues the PWD after it reviews the response. An RFI adds time to this step.

Prevailing wage level

In plain terms: the prevailing wage level is the step DOL assigns within an occupation’s wage range when it sets the prevailing wage. A higher level means a higher wage.

DOL decides the level mainly from 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 two years of experience. Requirements beyond what’s normal for the occupation can raise the wage level and must be justified later in the process. The EB3.work Prevailing Wage Calculator shows the prevailing wage for a job by wage level and location.