Yes. The U.S. employer must attest that it will pay the foreign worker at least the prevailing wage.
FAQs about the Labor Certification Process
What is a Prevailing Wage Determination?
In order to initiate the process, the U.S. employer files an Application for Prevailing Wage Determination (ETA Form 9141) with the Department of Labor (DOL). The DOL will issue a Prevailing Wage Determination indicating the ‘prevailing wage’.
How does the U.S. employer obtain Labor Certification?
Once the Prevailing Wage Determination is issued, the U.S. employer follows regulations and begins the recruitment process in order to test the United States labor market. If, after recruitment, there are no U.S. workers able, willing, qualified and available for the position then the U.S. employer drafts a Program Electronic Review Management (PERM) Report evidencing… Read More
What are the requirements of a Labor Certification application?
The U.S. employer must attest that it is offering a full-time, bona fide and permanent position to the foreign worker. The U.S. employer must attest that it will pay the foreign worker at least the prevailing wage. The U.S. employer must attest that there are no U.S. workers able, willing, qualified and available for the… Read More
What is Labor Certification?
Generally, the first step in obtaining permanent residence (“green card”) on behalf of a foreign worker is labor certification. Labor certification is the process of proving that there are no qualified U.S. workers for the position being offered to the foreign worker. Indeed, labor certification’s stated goal is to “protect U.S. workers and the U.S…. Read More
Does the employer have to demonstrate an employer/employee relationship with the foreign worker?
Yes. There must be an employer/employee relationship between the U.S. employer and the foreign worker. Generally, the relationship is demonstrated by the fact that the U.S. employer may hire, pay, fire and supervise or otherwise control the foreign worker’s work.
What is a ‘prevailing wage’?
The term ‘prevailing wage’ rate is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. Employers can obtain this wage rate by submitting a request to the National Prevailing Wage Center (NPWC) or by accessing other legitimate sources of information.