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Labor Certification Under PERM - Frequently Asked Questions

28.

Must the required 30 day job order timeframe end at least 30 days prior to filing?

Yes, the 30 day job order timeframe must end at least 30 days prior to filing. While the employer is not limited to the 30 day timeframe and may choose to post the job order for a longer period, 30 days of the posting must take place at least 30 days prior to filing.

29.

Where and when does the employer obtain prevailing wage information?

Prior to filing the Application for Permanent Employment Certification, ETA Form 9089, the employer must request a prevailing wage determination from the National Prevailing Wage and Helpdesk Center (NPW HC). All prevailing wage requested are now made using ETA Form 9141. The NPW HC prefers that employers file electronically using their new I Cert portal, however employer may submit a hard copy of the Form 9141 to:

National Prevailing Wage and Helpdesk Center
Attn: PWD Request
1341 G Street, NW
Suite 201
Washigton, DC 20005-3105

The employer is required to include on the ETA Form 9089 the PWD provided information: the prevailing wage, the prevailing wage tracking number (if applicable), the SOC/O*NET(OES) code, the occupation title, the skill level, the wage source, the determination date, and the expiration date.

Note: The NPW HC prevailing wage determination documentation is not submitted with the application, but it must be retained for a period of five years from the date of filing the application by the employer.

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30.

What is meant by ‘expiration date’ in question 8 of Section F, Prevailing Wage Information, on the Application for Permanent Employment Certification, ETA Form 9089?

The expiration date is the end date of the prevailing wage validity period as provided by the State Workforce Agency, which will range from no less than 90 days to no more than one year from the determination date.

31.

Will the wage offer set forth in a labor certification application be considered as meeting the prevailing wage standard if it is within five per cent of the average rate of wages?

No, the wage offered must equal or exceed the prevailing wage. The wage must be at least 100 per cent of the prevailing wage. The five per cent deviation, permitted under the former regulation, is no longer acceptable.

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