Foreign Labor Certification Prevailing Wages

The prevailing wage rate is defined as the average wage paid to similarly employed workers in the requested occupation in the area of intended employment.

For permanent employment certification, employers must request and receive a prevailing wage determination from the State Workforce Agency (SWA) having jurisdiction over the proposed area of intended employment prior to filing ETA Form 9089.

For the H-1B, H-1B1, E-3, and H-2B programs, employers have the option of using one of three wage sources to obtain the prevailing wage: (1) requesting a prevailing wage from the appropriate SWA; (2) using a survey conducted by an independent authoritative source; or (3) using another legitimate source of information.

By obtaining the prevailing wage from the appropriate SWA, H-1B, H-1B1, and E-3 employers are given "safe-harbor status," meaning that if the employer's wage compliance is investigated for any reason, the Wage and Hour Division of the Employment Standards Administration will not challenge the validity of the prevailing wage as long as it was applied properly (i.e., correct geographic area, occupation, and skill level).

Disclaimer: The links below contain wage date for informational use. You may search them online or download individual files. Submitting a wage from this site as the prevailing wage for the H-1B, H-1B1, and E-3 purposes without obtaining a prevailing wage determination by the appropriate SWA is identical to an employer provided survey, and as such, the employer does not receive safe harbor.

Online Wage Library
An online-searchable database of current OES-ALC wages.

Online Wage Library - Downloadable Files
An archive of downloadable "zip" files containing the current OES-ALC wage information and supplemental files.

OES Dictionary of Occupations
The 1999-2000 OES Dictionary of Occupations, containing descriptions and coding notes.

Wage Determinations Online
A site that contains Davis-Bacon and Service Contract Act Wage Determinations. (Not affiliated with this site.)

SCA Occupational Directory
A site listing occupational titles and descriptions for Service Contract Act occupations. (Not affiliated with this site.)

Adverse Effect Wage Rate
Minimum rates that must be offered and paid to nonimmigrant alien agricultural workers. (Applies only to the H-2A visa program.)

SCA Forestry Wages
A table of current Service Contract Rates for Forestry Occupations by region. (Applies only to the H-2B visa program.)