AWI PROGRAMS

Alien Labor Certification

How are Required Wages Determined?

REQUIRED WAGES: The Immigration and Nationality Act (INA) requires that the wages paid on labor certification applications to nonimmigrants must be at least the higher of the actual wage rate paid to all other workers with similar experiences and qualifications for the specific employment in question, or the prevailing wage rate for the occupational classification in the area of employment. The amended INA does not preclude the employer from paying nonimmigrants more than the higher of the actual wage or the prevailing wage. The responsibility is placed on the employer to establish the required wage rate that it must pay a nonimmigrant based on the best information available at the time the application is filed.