|How to Request Prevailing Wage Determination for PERM Labor Certification?|
My employer will file PERM Labor Certification for me. I want to know how to get the prevailing wage before file ETA Form 9089?
The Immigration and Nationality Act requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of U.S. workers. Therefore, the wages offered to a foreign worker must be the prevailing wage rate for the occupational classification in the area of employment.
The prevailing wage rate is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. U.S. employers can obtain this wage rate by submitting a request to the National Prevailing Wage and Helpdesk Center (NPWHC), or by accessing other legitimate sources of information such as the Online Wage Library (http://www.flcdatacenter.com/), available for use in some programs.
An employer must use ETA Form 9141 to request a Prevailing Wage Determination (PWD) from the NPWHC. The ETA Form 9141 is available in the Forms and Instructions section of the OFLC website at http://www.foreignlaborcert.doleta.gov/form.cfm
In the ETA Form 9089 filing, the employer should include the the NPWHC provided information including:
1) the prevailing wage,
2 the prevailing wage tracking number,
3) the SOC (O*NET /OES) code,
4) the occupation title,
5) the skill level,
6) the wage source,
7) the determination date, and
8) the expiration date.
All employers filing the ETA Form 9089 should attest to having conducted recruitment prior to filing the application. The employer has the option of filing an application online or by mail. But Department of Labot recommends that employers file online at www.plc.doleta.gov, it will ensure the employer has provided all required information, bacause an online application can not be submitted if the required fields are not completed. Additionally, when completing the ETA Form 9089 online, the preparer is provided prompts to assist in ensuring accurate data entry.
The electronic Online Permanent System requires employers to set up individual accounts. An employer must set up a profile by selecting the appropriate profile option in the online system. After registering and establishing an account at www.plc.doleta.gov, employer can fill out and submit an Application for Permanent Employment Certification, ETA Form 9089.
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