Prevailng Wage Policy Guidance

The implementation of the H-1B Reform Act and the publication of the PERM regulation necessitate the need to issue policy clarification and procedural guidance to the State Workforce Agencies. The guidance provides the step-by-step procedure for selecting the appropriate wage level for prevailing wage purposes.

The links below are for PDF versions of the Full Guidance Document, and for specific appendicies that are included in the full document but may be useful as seperate downloads.

This page and the links below reflect the November 2009 revision to the Prevailing Wage Policy Guidance.

Prevailing Wage Determination Policy Guidance for Nonagricultural Immigration Programs; Revised November 2009 (Includes appendicies A and B)

Skill Level In Older Wage Determinations

(This text refers to wage determinations for data years 2004 and earlier)

The level of skill required by the employer for the opportunity is to be considered in making prevailing wage determinations. The OES wage survey will produce two wage levels which distinguish between positions requiring significantly different degrees of skills in the occupation. The SESA will determine which of the two levels in the OES survey is appropriate, i.e., a distinction must be made based on whether or not the job opportunity involved in the employer's job offer requires skills at a level I or a level II, as defined below.

To establish uniformity among SESAs in evaluating surveys and making prevailing wage determinations within the resources available for immigration programs, prevailing wage rates for the skill levels described below should be determined in an occupation when the SESA makes a prevailing wage determination.

Level I

Beginning level employees who have a basic understanding of the occupation through education or experience. They perform routine or moderately complex tasks that require limited exercise of judgement and provide experience and familiarization with the employer's methods, practices, and programs. They may assist staff performing tasks requiring skills equivalent to a level II and may perform higher level work for training and developmental purposes. These employees work under close supervision and receive specific instructions on required tasks and result expected. Work is closely monitored and reviewed for accuracy.

Level II

Fully competent employees who have sufficient experience in the occupation to plan and conduct work requiring judgment and the independent evaluation, selection, modification and application of standard procedures and techniques. Such employees use advanced skills and diversified knowledge to solve unusual and complex problems. They may supervise or provide direction to staff performing tasks requiring skills equivalent to level I. These employees receive only technical guidance and their work is reviewed for application of sound judgement and effectiveness in meeting the establishments procedures and expectations.

If a baccalaureate degree is normally required for entry into the occupation, the wage rate for a job offer in that occupation which requires an advanced degree (Master or Ph.D.) shall be rate for workers performing tasks requiring skills at a level II. In this case, the requirement for advanced education substitutes for the skills required at a level II. Where an advanced degree is normally required for entry into the occupation, the wage rate for a job offer in that occupation which requires such a degree shall be rate for workers performing tasks requiring skills at a level I, unless there are other requirements contained in the job offer or components thereof which require skills that are at level II. For example, a job opportunity for a librarian, an occupation for which a Master's degree is normally required for entry into the occupation, would generally be considered to require skills at a level I, unless other requirements in the job offer or components thereof require skills at a level II.

Where State licensure is required for an individual to independently perform all of the duties encompassed by the occupation, such workers shall be considered to be performing work requiring skills at a level II, unless the employer can present sufficient evidence that the alien does not, in fact, independently perform all of the duties encompassed by the occupation.