When applying for an employment-based green card, prevailing wage determinations are a crucial step in the process. These determinations ensure that foreign workers are paid a wage that matches the prevailing wage for similar positions in the geographic area of employment. This process safeguards U.S. workers from being undercut by foreign labor while also ensuring fair pay for foreign workers. Understanding prevailing wage determinations for green cards is key to navigating this complex process successfully.
A prevailing wage determination is an assessment issued by the Department of Labor (DOL). It establishes the minimum wage an employer must offer to a foreign worker in comparison to U.S. employees in similar roles. The wage is based on the job description, location, and required qualifications (education, experience, skills). Employers must meet or exceed the prevailing wage determination to hire foreign workers through the employment-based green card process.
The primary purpose of the prevailing wage determination is to ensure that U.S. workers are not undercut by foreign labor willing to work for less. It also prevents the exploitation of foreign workers. Without a valid prevailing wage determination, employers cannot file labor certification applications, which are required for employment-based visas such as the PERM process.
Employers must submit a Form ETA-9141 to the DOL’s National Prevailing Wage Center (NPWC). The NPWC analyzes job duties, required qualifications, and geographic location to assign the appropriate wage level. There are four wage levels, ranging from entry-level to highly experienced professionals.
For more information on prevailing wage determinations, visit the U.S. Department of Labor – Prevailing Wage Determinations page.
The current average processing time for obtaining a prevailing wage determination from the NPWC is typically 4 to 5 months. However, processing times can vary based on the volume of requests and the complexity of the job in question.
Once the DOL issues the prevailing wage determination, the employer can proceed with the PERM labor certification process. The employer must demonstrate that they have offered the foreign worker at least the prevailing wage determined by the DOL. If there are any discrepancies or the employer offers less, the PERM application may be denied.
Understanding prevailing wage determinations for green cards is essential for both employers and employees involved in the employment-based green card process. If you have any questions or need assistance, contact us at Midwest Law LC to guide you through each step.
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