Prevailing Wage for U.S. Immigration, Explained
What every employer and foreign worker should know about wage requirements and PWD processing times
Hiring foreign talent for U.S. jobs involves strict rules, and one of the most important is meeting the prevailing wage requirement. Whether you’re an employer hoping to sponsor a worker or a candidate planning to move to the U.S., knowing how the prevailing wage works — and how to navigate the Prevailing Wage Determination (PWD) process — can make or break your application. This guide breaks down requirements, application steps, and ways to avoid processing delays.
What Is the Prevailing Wage?
In U.S. immigration, the prevailing wage is the average wage paid to workers in a specific job and geographic location, as determined by the U.S. Department of Labor (DOL).
Most employers sponsoring foreign worker green cards or nonimmigrant employment visas need a PWD for each job offered. Programs include:
- PERM labor certification (EB-2 and EB-3 green cards)
- H-1B, H-1B1, and E-3 nonimmigrant visas
- H-2B temporary non-agricultural visas
The prevailing wage rate acts as a minimum, not a ceiling. Employers must offer whichever is higher — the prevailing wage or the actual wage paid to similarly situated workers.
Note:
Programs like H-2A (agricultural) use similar wage protections, but with different calculation methods.
Why Is the Prevailing Wage Important?
Prevailing wage rules ensure that foreign workers are paid fairly (equal to market rates) and U.S. workers are not undercut. This protects U.S. labor markets — a key principle of immigration law.
Failing to meet the prevailing wage requirement can delay or derail the green card or visa process.
Prevailing Wage Requirements
To comply with prevailing wage rules:
- Wages must meet or exceed the prevailing wage for the occupation and location.
- The wage must be set by the DOL’s National Prevailing Wage Center (NPWC), using surveys and statistical data from sources like the Bureau of Labor Statistics.
- The job duties, experience level, and geographic area all must factor into the wage calculation.
- Employers must request a PWD by filing Form ETA-9141 via the DOL’s Foreign Labor Application Gateway (FLAG) system.
How to Apply for a Prevailing Wage Determination
- Prepare Job Information:
- Define the job title and Standard Occupational Classification (SOC) code
- Outline all day-to-day duties
- List minimum education and experience needed
- Specify worksite locations (including remote options)
- Mention any required certifications or licenses
- Submit the Application: File Form ETA-9141 (Application for Prevailing Wage Determination) via the DOL’s online FLAG system
- Wait for a Response:
- DOL reviews your job requirements and assigns a wage level based on federal data
- You’ll receive an official PWD, valid from 90 days to 1 year
PWD Processing Times
As of mid-2025, the average PWD processing time is 4 months for Occupational Employment and Wage Statistics (OEWS) and 5-6 months for Non-OEWS (alternative wage sources).
Processing times can vary depending on the volume of requests and complexity of the job requirements.
Additional Timeline Tips
- The DOL recommends beginning your PWD application at least 60 days before you need the result
- If your application is delayed more than three months beyond the published timeline, contact the DOL’s NPWC helpdesk at oflc.pwd@dol.gov.
Important:
You cannot file a PERM labor certification without a valid PWD in hand. Early planning can help you avoid delays in green card timelines.
What Happens After You Receive a PWD?
Once the DOL issues the prevailing wage determination:
- Employers must offer at least the stated wage in the PERM application.
- The wage remains valid for 90 days to 1 year, depending on the case.
- Employers can appeal or request a redetermination or appeal if they believe the wage level is inaccurate.
- Next, employers may start recruiting for U.S. workers (for PERM), document their efforts, and eventually file the labor certification application.
Prevailing Wage FAQs
You can search current prevailing wage rates by job title and location in the Online Wage Library (OWL).
OEWS (Occupational Employment and Wage Statistics) wage sources use standardized U.S. Bureau of Labor Statistics salary data for hundreds of occupations across specific locations, serving as the default and fastest method for most immigration prevailing wage requests.
Non-OEWS wage sources rely on alternative data — like employer-provided wage surveys or union contracts — when OEWS data doesn’t cover a position accurately or a collective bargaining agreement applies. Non-OEWS cases take longer for government review and are used less frequently. For example, a Software Developer in New York would typically use an OEWS wage, while a niche scientist role or a unionized electrician might use Non-OEWS data.
Some programs allow employers to use independent surveys, but applying via NPWC is considered a “safe harbor” for compliance.
A PWD is valid for 90 days to 1 year from the date of issue.
You will need a new PWD before filing for labor certification or a visa.
Most employment-based programs (PERM, H-1B, H-1B1, H-2B, E-3) require a PWD. H-2A uses a different process.
Use the FLAG Case Status Search tool with your case number.