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EXPLAINER · EVERY RULE QUOTED FROM AN OFFICIAL SOURCE · CHECKED OCTOBER 23, 2026

Prevailing wage determination (PWD)

How long the Department of Labor takes to issue a prevailing wage determination, how to read its queue, how long a PWD stays valid, and the four wage levels. Every rule is quoted from the regulation, the statute or DOL's own pages.

What a PWD is

A prevailing wage determination is the wage rate the Department of Labor (DOL) sets for one specific job. The prevailing wage is the average pay of workers in the same occupation in the area where the job is.[1]

For a PERM labor certification, the employer must have a PWD from DOL's National Prevailing Wage Center (NPWC) before it files. The request is made on Form ETA-9141.[2][3]

For H-1B, H-1B1 and E-3, a PWD from the NPWC is optional: the employer can set the wage itself when it files the Labor Condition Application.[4]

How to read DOL's PWD processing times

DOL does not publish a number of days for PWDs. It publishes a month: the month in which the requests it is now working on were filed.[5]

The month is not a hard line. DOL may still be finishing some older requests.[6]

The "remaining requests" counts drop withdrawn and voided requests, so the count for a past month can go up or down between updates.[7]

DOL updates the PWD table once a month.[8]

The table splits requests into OEWS and non-OEWS. By default the wage comes from the Bureau of Labor Statistics' occupational wage survey, whose data DOL's FLAG pages call OEWS; an employer can instead give DOL its own survey.[9][10]

How to check a PWD case

PWD requests are filed online in DOL's FLAG system.[11]

Once a final decision is issued, it appears in the Historical table under My Cases.[12][13]

The confirmation email with the case number goes to the employer's point of contact and to the attorney or agent, not to the FLAG account's email address.[14]

To link a PWD from another account to a PERM application, DOL asks for the full PWD case number, in the format P-XXX-XXXXX-XXXXXX.[15]

A request can be withdrawn while it is in process, or after DOL has issued a request for information.[16]

How long a PWD is valid

DOL sets a validity period on each PWD. By regulation it is at least 90 days and at most one year from the date of the determination.[17]

To use the wage, the employer must file the application or start the required recruitment within that validity period.[18][19]

Wage levels

The law says a government wage survey used for prevailing wages must have at least four wage levels, tied to experience, education and level of supervision.[20]

DOL assigns a skill level to each job. An employer that disagrees can send supplemental information once.[21][22]

If DOL keeps its decision, the employer can ask for a new determination or appeal.[23]

The statute sets the required prevailing wage at 100 percent of the wage determined, not a fraction of it.[24]

DOL publishes the survey wages by occupation and area on its OFLC Wage Search page.[25]

Where this fits

The PWD is step 2 of PERM; the full sequence is in PERM and prevailing wage, and DOL's PERM processing times are on the PERM and prevailing wage processing times page.

This page explains general rules in plain English. It is not legal advice and does not tell you what applies to your case. Each numbered source below is the official page the sentence comes from; read it before relying on anything here.

Sources

  1. U.S. Department of Labor, Prevailing Wages (FLAG). Last checked October 23, 2026.
    “The prevailing wage rate is the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.”
  2. U.S. Department of Labor, PERM Program (FLAG). Last checked October 23, 2026.
    “Employers must have a prevailing wage determination for the job opportunity issued from the Office of Foreign Labor Certification’s (OFLC’s) National Prevailing Wage Center (NPWC) prior to filing a PERM application.”
  3. U.S. Department of Labor, Prevailing Wages (FLAG). Last checked October 23, 2026.
    “employers must complete the Form ETA-9141 (Application for Prevailing Wage Determination) and submit it to the National Prevailing Wage Center (NPWC).”
  4. U.S. Department of Labor, Prevailing Wages (FLAG). Last checked October 23, 2026.
    “For the H-1B, H-1B1, and E-3 programs, a prevailing wage application may be submitted to the NPWC, or the employer may independently determine the prevailing wage at the time it files its Labor Condition Application.”
  5. U.S. Department of Labor, OFLC Processing Times (FLAG). Last checked October 23, 2026.
    “The above dates reflect the month and year in which applications were filed (request date) or submission date of the appeal request for Redeterminations or Center Director Review.”
  6. U.S. Department of Labor, OFLC Processing Times (FLAG). Last checked October 23, 2026.
    “For various reasons, OFLC may be completing the processing of applications filed prior to the month posted.”
  7. U.S. Department of Labor, OFLC Processing Times (FLAG). Last checked October 23, 2026.
    “Withdrawn and voided requests are excluded from the total, which may cause the numbers for previous months to fluctuate.”
  8. U.S. Department of Labor, OFLC Processing Times (FLAG). Last checked October 23, 2026.
    “PWD: Updated COB at the end of first work week of each month for data ending at 12am EST at the first of each month”
  9. U.S. Department of Labor, Frequently Asked Questions (FLAG). Last checked October 23, 2026.
    “In general, BLS does not revise the OEWS wage data after release.”
  10. eCFR (Office of the Federal Register), 20 CFR 656.40, Determination of prevailing wage for labor certification purposes. Last checked October 23, 2026.
    “The wage component of the DOL Occupational Employment Statistics Survey shall be used to determine the arithmetic mean, unless the employer provides an acceptable survey under paragraph (g) of this section.”
  11. U.S. Department of Labor, Prevailing Wages (FLAG). Last checked October 23, 2026.
    “the NPCW will accept online submissions of Form ETA-9141 in the FLAG System for all visa programs.”
  12. U.S. Department of Labor, Frequently Asked Questions (FLAG). Last checked October 23, 2026.
    “Application in all programs with a final decision issued may be found in the Historical table in the My Cases tab.”
  13. U.S. Department of Labor, Frequently Asked Questions (FLAG). Last checked October 23, 2026.
    “The Historical Table includes all finalized Applications for Temporary Labor Certification, PERM Final Determinations and Prevailing Wage Determinations.”
  14. U.S. Department of Labor, Frequently Asked Questions (FLAG). Last checked October 23, 2026.
    “The email confirmation is sent to the employer point of contact's email address and the agent/attorney's email address, if applicable, not the FLAG Account email address.”
  15. U.S. Department of Labor, Frequently Asked Questions (FLAG). Last checked October 23, 2026.
    “To link a PWD from another account, you will need the properly formatted full PWD case number P-XXX-XXXXX-XXXXXX.”
  16. U.S. Department of Labor, Frequently Asked Questions (FLAG). Last checked October 23, 2026.
    “In Process (all case types) RFI Issued (Prevailing Wage cases)”
  17. eCFR (Office of the Federal Register), 20 CFR 656.40, Determination of prevailing wage for labor certification purposes. Last checked October 23, 2026.
    “The National Processing Center must specify the validity period of the prevailing wage, which in no event may be less than 90 days or more than 1 year from the determination date.”
  18. eCFR (Office of the Federal Register), 20 CFR 656.40, Determination of prevailing wage for labor certification purposes. Last checked October 23, 2026.
    “To use a prevailing wage rate provided by the NPC, employers must file their applications or begin the recruitment period required by”
  19. eCFR (Office of the Federal Register), 20 CFR 656.40, Determination of prevailing wage for labor certification purposes. Last checked October 23, 2026.
    “within the validity period specified by the NPC.”
  20. U.S. Code (GovInfo, 2024 edition), 8 U.S.C. 1182, Inadmissible aliens (includes the prevailing wage rules in subsection (p)). Last checked October 23, 2026.
    “such survey shall provide at least 4 levels of wages commensurate with experience, education, and the level of supervision.”
  21. eCFR (Office of the Federal Register), 20 CFR 656.40, Determination of prevailing wage for labor certification purposes. Last checked October 23, 2026.
    “If the employer disagrees with the skill level assigned to its job opportunity, or if the NPC informs the employer its survey is not acceptable, or if there are other legitimate bases for such a review, the employer may submit supplemental information to the NPC.”
  22. eCFR (Office of the Federal Register), 20 CFR 656.40, Determination of prevailing wage for labor certification purposes. Last checked October 23, 2026.
    “The NPC will consider one supplemental submission about the employer's survey or the skill level the NPC assigned to the job opportunity”
  23. eCFR (Office of the Federal Register), 20 CFR 656.40, Determination of prevailing wage for labor certification purposes. Last checked October 23, 2026.
    “The employer may then apply for a new wage determination or appeal under”
  24. U.S. Code (GovInfo, 2024 edition), 8 U.S.C. 1182, Inadmissible aliens (includes the prevailing wage rules in subsection (p)). Last checked October 23, 2026.
    “The prevailing wage required to be paid pursuant to subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) shall be 100 percent of the wage determined pursuant to those sections.”
  25. U.S. Department of Labor, Prevailing Wages (FLAG). Last checked October 23, 2026.
    “The wage data is available on the OFLC Wage Search page.”

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