The Prevailing Wage Rate is defined as the average wage paid to similarly employed workers in the requested occupation in the area of intended employment. This wage rate is usually obtained by contacting the State Workforce Agency (SWA) having jurisdiction over the geographic area of intended employment or from other legitimate sources of information, such as the Online Wage Library.

In complying with the statute of Immigration and Nationality Act (INA), the department's regulations require the wages offered to a foreign worker must be the prevailing wage rate for the occupational classification in the area of employment or higher.

The Department of Labor, Bureau of Labor Statistics (BLS) provides wage data collected under the Occupational Employment Statistics (OES) program for use in the Foreign Labor Certification process since 1998. This data is available on the Foreign Labor Certification's Online Wage Library (OWL) on the U.S. DOL Website.

The implementation of the H-1B Visa Reform Act of 2004 and the publication of the PERM regulation on December 27, 2004 have changed the prevailing wage determination process for the Permanent, H-1B, H-1B1, E-3, and H-2B programs. The Prevailing Wage Determination Policy Guidance for Nonagricultural Immigration Programs summarizes these changes and provides the step-by-step procedure for selecting the appropriate wage level for prevailing wage purposes. The following section provides responses to frequently asked questions regarding the implementation of the policy guidance.

• Online Wage Library
• Agricultural Wage Library
• Adverse Effect Wage Rates
• Prevailing Wage Policy Guidance

The time frame to process prevailing wage requests is 14 business days. For ACWIA prevailing wage, documentation is needed before determination. If the job is unionized and covered by a negotiated wage, send documentation of negotiated wage and do not complete the request form.

All items need to be completed on the Prevailing Wage Request Form for determination. Type or Print Clearly. Retain the form and letter for a period of five years.