PERM Prevailing Wage Determination Guide: Essential Steps for Attorneys

It was a busy Monday morning. Phones were ringing, attorneys were moving between desks, and documents piled high. John and Jan, two experienced immigration attorneys, were reviewing an EB-2 PERM petition.

John:
“Jan, this EB-2 petition looks complex. The prevailing wage could be a hurdle, and I’m worried about USCIS scrutinizing the employer’s ability to pay.”

Jan:
“I understand, John. That’s why I always work with ImmiSupport. Their team of virtual paralegals manages the financial documentation and ensures the wage is compliant, freeing us to focus on legal strategy.”

John:
“How exactly do they help with prevailing wage issues?”

Jan:
“They handle SOC code classification, wage surveys, telecommuting compliance, and draft business necessity documentation. Basically, they take care of the details that often delay PERM cases.”

Why Prevailing Wage Matters?

The PERM Prevailing Wage Determination Guide is essential for attorneys and employers navigating U.S. labor certification. The prevailing wage ensures foreign workers are paid fairly and that hiring them does not negatively affect U.S. employees in similar positions.

Key factors affecting the determination:

• SOC Code & Job Duties – Correct classification prevents unnecessary wage escalation.

• Experience Level & Industry Standards – Determines the appropriate wage level.

• Worksite Location – Geographic variations influence prevailing wage.

• Telecommuting & Travel – Must be disclosed correctly to avoid compliance issues.

Steps for a Successful Prevailing Wage Determination

1. Determine the Appropriate SOC Code

The Standard Occupational Classification (SOC) code defines the job category and directly impacts the prevailing wage level. Choosing the correct SOC code ensures the employer complies with DOL requirements and avoids unnecessarily high wage levels.

Example:
A software developer position could fall under SOC code 15-1252 (Software Developers, Applications) rather than 15-1251 (Computer Programmers). Misclassifying the job as a senior-level developer could result in a Level III or IV wage, significantly increasing costs for the employer. ImmiSupport experts analyze job duties and employer needs to select the most accurate SOC code.

2. Prepare Detailed Job Information

Complete and precise job information is critical for an accurate prevailing wage determination. This includes:

• Job title

• Detailed list of duties and responsibilities

• Minimum education and experience requirements

• Worksite location

Example:
For a research analyst role in a nonprofit organization, clearly specifying that the job requires a Bachelor’s degree in Statistics, 2 years of relevant experience, and data analysis responsibilities ensures that NPWC assigns a correct wage level. Leaving duties vague may result in a higher wage classification or an audit.

3. Submit Form ETA-9141

Once job details and SOC codes are finalized, the employer files Form ETA-9141 through the DOL’s Foreign Labor Application Gateway (FLAG) portal. This electronic submission ensures faster processing and maintains compliance with DOL procedures.

Example:
When submitting ETA-9141 for a healthcare IT specialist, the form must include the SOC code, detailed duties, minimum qualifications, and the exact worksite (headquarters if telecommuting). ImmiSupport guides attorneys in filling each section correctly, reducing the risk of errors or delays.

4. Review the Determination

After NPWC issues the prevailing wage, review the assigned:

• SOC code

• Job zone or level

• Wage rate

• Validity period

Example:
If NPWC assigns a Level III wage for a junior analyst position (expected to be Level II), attorneys can spot the discrepancy early and decide whether to request a redetermination or provide additional justification. Early review prevents unnecessary delays in the PERM recruitment process.

5. Address Discrepancies

If the prevailing wage is higher than expected or the SOC code seems incorrect, attorneys have several options:

• Alternate Surveys: Provide recent, valid wage surveys from reliable sources.

• Redeterminations: Request NPWC to reconsider the wage or SOC code.

• Challenges: Submit a formal challenge to NPWC or escalate to BALCA if necessary.

• Adjust Wage Offer: If the employer can demonstrate ability to pay, raising the wage may be the simplest solution.

Example:
For a data engineer in a tech startup, NPWC may assign a Level III wage due to broad SOC code coverage. ImmiSupport can prepare an alternate survey showing regional salary averages, supporting a Level II determination, while documenting the employer’s ability to pay to satisfy USCIS requirements.

How ImmiSupport Solves Attorneys’ Key Challenges?

Many attorneys face recurring challenges in PERM cases. ImmiSupport provides structured solutions to simplify the process.

Key Challenges and ImmiSupport Solutions

What Did We Learn?

• Accurate SOC classification is critical to avoid wage misleveling.

• ACWIA and alternate surveys can reduce wage hurdles.

• Telecommuting and travel must be properly disclosed.

• Employer’s ability to pay must be documented.

• Using a service like ImmiSupport ensures compliance, efficiency, and fewer delays.

What People Are Asking?

1.What is the typical processing time for a prevailing wage determination?
Usually 8-13 months, depending on DOL workload.

2.Can I use an alternate wage survey for PERM?
Yes, if the survey is recent, valid, and region-specific.

3.Does telecommuting affect prevailing wage?
No, but the worksite must be the official headquarters and disclosed properly.

4.What if NPWC assigns a higher wage level?
You can submit alternate surveys, request redeterminations, or adjust the wage if the employer can prove ability to pay.

5.Why is ImmiSupport recommended for attorneys?
They handle SOC analysis, wage surveys, documentation, and recruitment compliance, saving attorneys time and reducing audit risk.

Disclaimer:

For informational purposes only; not applicable to specific situations.

For tailored support and professional services,

please contact Immisupport, at +1 888 884 2161

Email: info@immisupport.com

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By Sarah Jane

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