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Labor Certification Under PERM - Frequently Asked Questions


When is it permissible to use the median in lieu of the arithmetic mean to establish the prevailing wage?

If an employer provided survey acceptable under § 656.40(g) provides only a median and not an arithmetic mean, use of the median is permitted.


When is the employer permitted to provide an alternate wage source?

Unless the job opportunity for which certification is sought is covered by a Collective Bargaining Agreement or professional sports league’s rules or regulations, the employer may request the State Workforce Agency to use an employer-provided survey, or Davis-Bacon Act or McNamara-O'Hara Service Contract Act wage rate, if appropriate.

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What are the criteria for an acceptable employer-provided survey?

The National Prevailing Wage and Helpdesk Center (NPW HC)will make a determination on the acceptability of the employer-provided survey based on the provisions in §§ 656.40(g)(2) and (3).


What options are available to an employer who disagrees with the NPWHC prevailing wage determination?

If an employer disagrees with the skill level assigned to its job opportunity, or if the NPW HC informs the employer its survey is not acceptable, or if there are other legitimate bases for such a review, the employer is afforded one opportunity to provide supplemental information to the NPW HC. Additionally, the employer may choose to file a new request for a wage determination or request review by the Certifying Officer.

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