AWI PROGRAMS
Alien Labor Certification
What is the Prevailing Wage Process?
PROGRAM DESCRIPTION: This process allows employers to obtain prevailing wage information for H-1B. H-2B and Permanent Attestation.
The new requirements specify that determinations made using a government survey shall be made available for each occupation at 4 levels of wages commensurate with experience, education, and the level of supervision. The SWA shall make a prevailing wage determination selecting one of the four wage requirements to the occupational requirements: tasks, knowledge, skills, and specific vocational preparation (education, training and experience) generally required for acceptable performance in that occupation.
It is important to remember that wage levels are determined only after selecting the most relevant O'NET-SOC occupational code classification. The selection of the O'NET-SOC code should not be based solely on the title of the employer's job offer. The SEA should consider the particulars of the employer's job offer and compare the full description to the tasks, knowledge and work activities generally associated with an O'NE-SOC occupation to insure that the most relevant occupational code has been selected.
Level I (Entry) wage rates should be assigned to job offers for beginning level employees who have only a basic understanding of the occupation. These employees perform routine tasks that require limited, if any, exercise of judgment. The tasks provide experience and familiarization with the employer’s methods, practices, and programs. The employees may perform higher level work for training and developmental purposes. These employees work under close supervision and receive specific instructions on required tasks and results expected. Their work is closely monitored and reviewed for accuracy. Statements that the job offer is for a research fellow, a worker in training, or an internship are indicators that a Level I wage should be considered.
Employer requests for foreign workers are frequently for fully qualified workers who possess special skills. Wage Level I would not be assigned in those situations.
Level II (Qualified) wage rates should be assigned to job offers for qualified employees that have attained either through education or experience a good understanding of the occupation. They perform moderately complex tasks that require limited judgment. An indicator that the job request warrants a wage determination at Level II would be a requirement for years of education and/or experience that are generally required as described in the O*NET Job Zones.
Level III (Experienced) wage rates should be assigned to job offers for experienced employees that have a sound understanding of the occupation and have attained either through education or experience special skills or knowledge. They perform tasks that require exercising judgment and may coordinate the activities of other staff. They may have supervisory authority over those staff. A requirement for years of experience or educational degrees that are at the higher ranges indicated in the O*NET Job Zones would be indicators that a Level III wage should be considered.
Frequently key words in the job title can be used as indicators that an employer’s job offer is for an experienced worker. Words such as ‘lead’ (lead analyst) or ‘senior’ (senior programmer) or ‘head’ (head nurse) or ‘chief’ (crew chief) or ‘journeyman’ (journeyman plumber) would be indicators that a Level III wage should be considered.
Level IV (Competent) wage rates should be assigned to job offers for competent employees who have sufficient experience in the occupation to plan and conduct work requiring judgment and the independent evaluation, selection, modification and application of standard procedures and techniques. Such employees use advanced skills and diversified knowledge to solve unusual and complex problems. These employees receive only technical guidance and their work is reviewed only for application of sound judgment and effectiveness in meeting the establishment’s procedures and expectations. They generally have management and or supervisory responsibilities.
Request for Prevailing Wage Determinations can be submitted directly to us by completing the Prevailing request form on our Website.