Employment-based immigrationPrevailing Wage Determination in 2026: PWD for PERM and H-1B

Prevailing, Actual, Offered, and Proffered Wages Serve Different Rules

These four wage concepts can produce the same dollar amount, but they are not interchangeable. The prevailing wage is a labor-market benchmark. The actual wage is part of the employer’s LCA pay system. The offered wage is the permanent position’s compensation on ETA-9089. The proffered wage is the permanent offer USCIS uses in the Form I-140 ability-to-pay review.

Actual Wage When Comparable Employees Exist—or Do Not Exist

Under 20 CFR 655.731(a)(1), actual wage is not the company-wide average and is not automatically the highest salary in the department. The comparison concerns individuals with similar experience and qualifications in the specific employment at the place of employment. Permissible factors include experience, qualifications, education, job responsibility and function, specialized knowledge, and other legitimate business factors supported by the employer’s pay system.

If comparable employees exist, the employer determines the actual wage through its documented pay system by comparing the H-1B worker with the employees who have similar experience and qualifications for the specific employment in question. Any differences must be explained by legitimate factors in that system rather than immigration status. If no such other employees exist at the place of employment, the regulation states that the actual wage is the wage paid to the H-1B worker. The employer must retain documentation showing how it established the actual wage and how the worker’s pay relates to the comparison group. Changes in the employer’s pay system during the LCA period must also be applied consistently.

A new PWD obtained for a future PERM case does not retroactively replace the prevailing wage on an existing LCA. The H-1B employer continues to owe the required wage under the certified LCA, while any increase in the employer’s actual wage system can raise the amount due even when the LCA prevailing wage remains unchanged.

PERM and LCA Use Different Paths to Establish the Prevailing Wage

PERM requires an official determination from the National Prevailing Wage Center (NPWC). H-1B, H-1B1, and E-3 employers may request an NPWC determination or independently select a source permitted by the LCA regulation. Keeping those paths separate prevents an employer-provided survey submitted for NPWC review from being confused with an independent authoritative or other legitimate source selected directly for an LCA.

The 24-Month Rules for an Employer-Provided Survey

20 CFR 656.40(g)(3) uses three distinct timing tests. A published survey must be the most current edition and must have been published within 24 months before submission to NPWC. The data underlying that published survey must have been collected within 24 months before the survey’s publication date. An employer-conducted survey must be based on data collected within 24 months before it is submitted to NPWC.

The regulation also requires enough information about sample size and source, participant selection, job descriptions, and methodology for NPWC to assess the data. If an acceptable survey supplies an arithmetic mean, that mean is used. If it supplies a median but no arithmetic mean, the median may be used under the regulation.

What the 30 Workers and Three Employers Rule Actually Is

The figure of at least 30 workers from at least three employers is not written in 20 CFR 656.40(g). It comes from the Department’s November 2009 Prevailing Wage Determination Policy Guidance. That guidance describes 30 workers as the minimum acceptable sample for the employer-conducted survey method addressed there and states that most occupations should include data for more workers. The 30-worker and three-employer threshold is therefore a DOL survey-review standard rather than statutory or regulatory text.

A single ETA-9141 cannot request CBA, DBA, SCA, and employer-provided survey treatment at the same time. DOL guidance also states that there is no order of precedence among DBA, SCA, and an acceptable survey. The employer should determine the source supported by the actual job and organization before filing.

Independent LCA Wage Sources

For H-1B, H-1B1, and E-3 LCAs, 20 CFR 655.731 permits an employer to use an NPWC determination, an independent authoritative source, or another legitimate source of wage information when the regulatory conditions are met. The employer selects the source at the time of LCA filing and keeps the supporting documentation in the public access and wage records required by the LCA rules.

An accurately requested and properly applied NPWC determination gives the employer a prevailing-wage safe harbor: DOL will not challenge the validity of that wage if the occupation, level, source, and geographic area were accurate and the determination was used as issued. The safe harbor does not determine the actual wage and does not replace notice, public access file, benefits, nonproductive-time pay, or other LCA obligations.

NPWC Assigns the Level by Comparing the Job With Occupational Norms

The wage level follows the requirements and duties of the offered position, not the beneficiary’s résumé or the employer’s preferred seniority label. NPWC first identifies the occupation that best matches the work and then compares the employer’s experience, education, special-skill, licensing, and supervisory requirements with what is normally associated with that occupation.

For the wage year from July 1, 2026 through June 30, 2027, OFLC applies the 2018 SOC structure to BLS May 2025 OEWS estimates. The 2026–2027 technical release notes also explain how OFLC handles aggregated occupations, missing local data, ACWIA data limitations, high wage estimates, and current O*NET Job Zone issues.

The Five-Step Guidance Method

The November 2009 DOL guidance starts each analysis at Level I with a value of one. It then adds points after comparing the job offer with O*NET and other occupational norms. A total of one corresponds to Level I, two to Level II, three to Level III, and four or more to Level IV. The guidance also requires judgment rather than a mechanical worksheet result: the final level should remain consistent with the complexity of the work, independent judgment, and degree of supervision.

Internal titles such as Business Analyst, Engineer, Consultant, Product Manager, Lead, or Senior do not control the SOC or level. ETA-9141 should identify what the employee will do, the systems or products involved, decisions made, level of judgment, client responsibilities, employees supervised, and the minimum qualifications required of any qualified applicant.

If the job combines duties from more than one occupation, DOL guidance directs the reviewer to the relevant highest-paying occupation rather than averaging the occupations. If minimum and alternative requirements produce separate wages, the higher determination is used on ETA-9089.

Wage Level and Business Necessity Are Separate Analyses

A requirement above an occupational norm can affect the PWD worksheet, but that does not decide whether the requirement is permissible in PERM. Under 20 CFR 656.17(h), a job requirement that is not normal for the occupation may require the employer to establish business necessity by showing that it bears a reasonable relationship to the occupation in the context of the employer’s business and is essential to perform the duties reasonably. A higher wage does not cure an unsupported restrictive requirement.

Worksite Disclosure Depends on Where the Permanent Work Will Occur

There is no single rule that every remote job must use the employer’s headquarters or every employee’s home. The employer must identify the actual permanent work arrangement with enough geographic specificity for NPWC to determine the relevant BLS area or county and for DOL to evaluate recruitment and Notice of Filing compliance.

The current ETA-9141 materials page should be checked before each filing. The instructions require a primary physical worksite and Appendix A when work will occur in another BLS area or in a county with a different county-level prevailing wage. Only locations properly entered on ETA-9141 and Appendix A are used in the determination.

The ETA-9089 instructions distinguish business premises, employer’s private household, employee’s private residence, and no one specific worksite address or physical location. Additional worksites on Appendix B must correspond to the areas identified for the same ETA-9141 request and must carry the appropriate offered wage. A material location change after recruitment begins requires a new review of the PWD, recruitment area, Notice of Filing, advertisements, and whether the existing recruitment still describes the same job opportunity.

H-1B Worksite Rules Require a Separate Review

A move to another worksite within the same certified area of intended employment generally does not require a new LCA, but notice must be provided at the individual worksite. A move outside the area normally requires a new LCA and can be a material change requiring an amended or new Form I-129 petition before placement. Separate exceptions cover qualifying short-term placements and brief activity at locations that are not treated as worksites. The DOL rules are summarized in Fact Sheet #62J, and the USCIS worksite-change rule is addressed in Matter of Simeio Solutions, LLC.

The PWD Sets a Wage but Does Not Select the Immigration Category

A PWD determines the applicable wage for the described job. It does not approve PERM, establish H-1B specialty-occupation eligibility, or decide whether the permanent case belongs in EB-2 or EB-3. Those conclusions depend on separate DOL and USCIS standards.

PERM

The employer must obtain a valid NPWC determination before filing ETA-9089. The lower end of the offered wage range must equal or exceed the applicable PWD, including the higher wage when the determination provides separate amounts for minimum and alternative requirements. Recruitment does not reproduce every ETA-9141 field word for word, but it must apprise U.S. workers of the job opportunity and cannot conflict with the material duties, requirements, location, or wage terms that are disclosed. See the 2026 PERM process guide and the separate Form ETA-9089 guide for the filing sequence.

H-1B, H-1B1, and E-3

An NPWC determination is optional for these LCAs. The employer must identify a permissible prevailing wage source and pay the higher of the prevailing wage or actual wage for the full period of authorized employment. An NPWC safe harbor protects only the prevailing wage component and only when the submitted occupation, level, and geography were accurate. USCIS separately decides whether the petition meets the classification requirements.

EB-2

Employer-sponsored EB-2 includes advanced degree professionals and persons of exceptional ability. For the advanced degree route, the permanent job generally must require an advanced degree or its equivalent—a bachelor’s degree followed by at least five years of progressive post-baccalaureate experience—and the beneficiary must meet the stated requirements by the relevant date. Exceptional ability is a separate basis for expertise significantly above that ordinarily encountered in the sciences, arts, or business.

The standard employer-sponsored route generally requires labor certification unless an exception such as a National Interest Waiver or qualifying Schedule A treatment applies. Salary alone does not convert an EB-3 job into EB-2; classification follows the permanent position’s minimum requirements and the beneficiary’s qualifications.

EB-3

EB-3 includes skilled workers, professionals, and other workers. The PWD does not select the subcategory. The job requirements and the beneficiary’s qualifications control the classification, while the petitioner must separately establish its ability to pay the proffered wage at the I-140 stage. The subcategories and petition requirements are discussed in the EB-3 visa guide.

Ability to Pay Is Tested for Each Relevant Period From the Priority Date

Under 8 CFR 204.5(g)(2), a petition requiring a job offer must include evidence that the prospective U.S. employer can pay the proffered wage from the priority date and continuously until the beneficiary obtains lawful permanent residence. The principal initial evidence is an annual report, federal tax return, or audited financial statement. If the employer has 100 or more workers, USCIS may accept a financial officer’s statement establishing ability to pay. Additional evidence may be considered in appropriate cases.

USCIS commonly evaluates wages already paid to the beneficiary, net income, net current assets, and the totality of the circumstances under the USCIS Policy Manual. The comparison must be made for each relevant year or period. Wages paid in one year do not establish a shortfall in another year, and an employer sponsoring multiple beneficiaries may need to demonstrate the ability to meet all applicable proffered-wage obligations.

This analysis is different from the LCA required wage. An H-1B worker may be owed an actual wage higher than the PERM proffered wage, while the I-140 inquiry remains whether the employer can pay the permanent offer recorded in the labor certification and petition.

Use the PWD Queue and Validity Dates as Separate Planning Tools

Form ETA-9141 is normally submitted through FLAG, although DOL maintains instructions for non-electronic filing. DOL’s processing page reports the filing month currently under review; it does not promise a decision date for an individual request. As of June 30, 2026, the FLAG processing table showed April 2026 for the PERM and H-1B OEWS queues and March 2026 for their non-OEWS queues. DOL also notes that some older applications may still be pending for case-specific reasons.

Under 20 CFR 656.40(c), the PWD validity period cannot be shorter than 90 days or longer than one year from the determination date. For PERM use, the employer must file ETA-9089 or begin the required recruitment within the validity period stated on the determination. This rule is separate from the recruitment calendar and from the 180-day deadline to submit Form I-140 after PERM certification.

1. Before ETA-9141: finalize duties, minimum and alternative requirements, proposed SOC, special skills, supervisory duties, worksites, and the wage budget.
2. During NPWC review: monitor FLAG and answer every request for information within the stated time. Clarification must remain within the original job; an RFI is not a way to replace the duties with a different position.
3. Immediately after issuance: confirm the SOC, level, wage source, wage amount, geographic areas, minimum and alternative wages, and validity dates.
4. During PWD validity: file ETA-9089 or begin the required recruitment within the period printed on the determination.
5. Before ETA-9089: separately verify the 30- and 180-day recruitment timing rules, Notice of Filing, job order, mandatory advertisements, and additional recruitment steps for professional occupations.
6. After PERM certification: file Form I-140 within 180 days and document ability to pay for every relevant period beginning with the priority date.

Choose the Post-Determination Procedure by the Type of Error

A correction request addresses an NPWC-generated inaccuracy. Redetermination addresses a disagreement with the substance of the PWD. Center Director Review challenges the redetermination decision, and BALCA reviews the director’s decision on the existing record. None of these procedures permits the employer to substitute new duties, requirements, or work locations for the original job.

Redetermination and Center Director Review procedures are described in the NPWC PERM and LCA training materials. BALCA review is governed by 20 CFR 656.41. A material change to the job normally calls for a new ETA-9141 instead of an attempt to expand the record through review.

The 2026 Wage Proposal Has Not Replaced the Current Levels

The Notice of Proposed Rulemaking published on March 27, 2026 would raise the approximate OEWS wage percentiles from 17 / 34 / 50 / 67 to 34 / 52 / 70 / 88. The public comment period closed on May 26, 2026. As of July 19, 2026, DOL has not made those proposed levels effective.

The proposal’s transition model would apply the new methodology to PWD requests pending on the future effective date, requests submitted on or after that date, and certain LCAs filed on or after that date when OEWS is the source and the employer did not obtain an NPWC PWD before the effective date. DOL did not propose reopening previously approved PWDs, PERM applications, or LCAs. These provisions remain proposals and can change in a final rule.

Employers may use the proposed percentiles for contingency budgeting, but current ETA-9141 filings must use the methodology in effect on the filing and determination dates. The complete proposal is available in the Federal Register, with a separate practical analysis on the DOL Prevailing Wage 2026 page.