Prevailing Wage Determination

Prevailing Wage Program for H-1B Visas and Permanent Labor Certification

H-1B visas are nonimmigrant temporary visas (up to 3 years) for various specialty (professional) occupations. The majority of the H-1B and permanent professional occupations are computer-related, research, or engineering occupations. Permanent labor certification allows an employer to hire a foreign worker to work permanently in the United States.

The U.S. Department of Labor, Employment and Training Administration, delegates certain foreign labor application processing to the states. One aspect of granting an H-1B visa or permanent labor certification requires determining if the wage the employer intends to pay the foreign worker meets the "prevailing wage" for that occupation in the geographic area in which the foreign worker will be employed. Prevailing wage determinations are provided by the Wage Research Unit of the Labor Market Information Division, Employment Development Department.

Method

• Use of salary data
  • SESA will evaluate the Survey to ensure it meets criteria of GAL 2-98
• Salary data allows consideration of:
         1. Type of industry
         2. Education level
• Use published survey data in lieu of OES Wage System
• Numerous Publishers of Data available
• Surveys are geographic and provide data for Area of Intended Employment
• No burden of proof on Employer that DOL/OES data is incorrect as long as survey meets requirements
• Survey, if valid, only applicable to a particular case

Evaluating the Survey Requirements

• The survey data was collected within 24 months
• It is the most recent published Salary Survey
• The job description is an adequate match
• The survey is cross industry
• The survey presents a weighted average
• The survey is random and contains a representative sample
• The survey covers the area of intended employment
• The methodology and survey instrument is included in the report

CRI's Approach

• Verify Job Description
• Obtain overview of company
         1. Industry Type
         2. Revenue Size
         3. Geographic Region
         4. # of Employees
• Locate applicable survey(s)
• Evaluate survey(s) for compliance
• Present findings based on data available
  

To find out more on how Compensation Resources, Inc. can help your company with Prevailing Wage Determination, please contact us or call us directly to speak with our compensation consultants at 877-934-0505.