How long is prevailing wage valid

Readers are cautioned not to attempt to solve individual problems solely on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information on this site. See Terms of Use. Citizenship Enforcement Occupations Other Matters. Labor Department. According to the Labor Department: Yes, a prevailing wage determination has a limited validity period as specified by the State Workforce Agency SWA , which may range from no less than 90 days to no more than one year from the determination date.

Login to post comments. Your Location: U. Company Name if known :. This question is for testing whether you are a human visitor and to prevent automated spam submissions. Will the wage offer set forth in a labor certification application be considered as meeting the prevailing wage standard if If the employer's job opportunity is for an occupation which is subject to a wage determination Must the employer obtain a prevailing wage determination before the employer begins recruitment?

Why did the prevailing wage two tier skill level structure change to four levels? When does the four wage level provision go into effect? Is the employer permitted to use a valid prevailing wage determination issued prior to March 8, ? Is it permissible to use the same prevailing wage determination for more than one application? Does a prevailing wage determination expire? The U. Department of Labor's Bureau of Labor Statistics has provided wage data collected under the Occupational Employment Statistics OES program for use in the foreign labor certification process since Electronic filing is strongly recommended.

For the H-1B, H-1B1, and E-3 programs, employers have the option of using one of three wage sources to obtain the prevailing wage:. Department of Labor's Wage and Hour Division will not challenge the validity of the prevailing wage so long as it was applied properly i.

Prevailing Wages The Immigration and Nationality Act requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of U. If there is a qualified private alternative wage survey , NPWC will sometimes accept these data. However, a qualified private wage survey has to satisfy an additional layer of U.

Employers can relegate this task to an experienced attorney. A prevailing wage determination is valid for a period of time ranging from 90 days to a full year; a day validity period is most common. Petitioning employers should complete their recruitment activities and file their PERM petitions before the validity period expires. Otherwise, they run the risk of having to re-request a prevailing wage, which is subject to change.

Further, for a prevailing wage determination to be used in a labor certification application, a petitioning employer must either start advertising and recruitment during the validity period or otherwise file the PERM application during this window.

Background EZ4U, a multinational hospitality business, plans to file a labor certification application for an alien worker, Zuleyha. The company runs its first ad for the PERM position one day before receiving the prevailing wage determination it requested.