by Joel Stewart
The Prevailing Wage Center is privately operated by Joel Stewart, P.A. and offers a free, user-friendly portal for stakeholders to research, prepare, review, file, and appeal prevailing wage determinations in the United States, Puerto Rico, and its territories. Proprietary Services are offered by Joel Stewart PA in the Members Only Section or upon request.
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Prevailing Wage 101
Prevailing Wage 101 is a step-by-step course on the art of preparing applications for prevailing wage determinations. PW 101 provides a close look at all aspects of PW decisions and provides analysis, observations, and practice tips to assist stakeholders to research, prepare, file, and appeal applications for PW. Data for PW requests is derived from numerous services provided on-line by DOL: Click "Learn More' to see the entire syllabus for Prevailing Wage 101.
Members Only
Notice: Please note that this is a beta version of our content and some information may not be up-to-date. We are constantly working to improve and update our information, but we cannot guarantee its completeness or accuracy. We recommend consulting with an expert or verifying information with official sources before making any decisions.
Essential Documents
Sites & Services
Board of Alien Labor
Certification Appeals
DOL Prevailing Wage Offices
Prevailing Wage Forms
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Form 9141 - Application for PW Determination
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Appendix A - Request for Additional Worksites
Frequently Asked Questions
Federal Wage Laws
Federal Wage Regulations
Wage Laws: State by State
Conundrums, Conflicts and Contradictions
How to Count the Prevailing Wage Validity Period and the 180 Day Recruitment Period
Recruitment Before Prevailing Wage
If you begin recruitment before obtaining the prevailing wage, you must complete recruitment before the end of the prevailing wage validity period.
Example 1: If you begin recruitment before you obtain the prevailing wage, you must complete the recruitment on or before the last day of the prevailing wage validity period. If the prevailing wage determination is issued 60 days after you begin recruitment and is valid for 90 days, you must file the PERM application on or before the 90th day of the prevailing wage period however, one day must be subtracted since the 90-day recruitment period must end no later than the last day of the prevailing wage validity period. The total period that may lapse before filing the application electronically is 149 days.
Example 2: Same as above, but the prevailing wage was issued 90 days after you began recruitment with a validity period of 90 days. 90 plus 90 is 180. This means you must complete the 180-day recruitment period and be sure that the PERM case is filed no later than 180 days after beginning recruitment, but no later than 90 days after receiving the Prevailing Wage Determination, which was also valid for 90 days. However, one day must be subtracted since the 90-day recruitment period must end no later than the last day of the prevailing wage period. The total period that may lapse before filing the application electronically is 179 days.
Prevailing Wage Before Recruitment
If you obtain the prevailing wage first, you must begin recruitment anytime up to and including the last day of the prevailing wage validity period. Since you did the prevailing wage first, you have the entire validity period plus 180 days to complete recruitment prior to filing the PERM Application, if the first day of recruitment begins no later than the last day of the entire Prevailing Wage Validity Period. Be aware that validity periods vary depending what time of the year the prevailing wage determination is issued.
Example 1: If you obtain the prevailing wage before beginning recruitment, you have 180 days to complete recruitment prior to filing the PERM application, if the first day of recruitment begins no later than the last day of the Prevailing Wage Validity Period. If the prevailing wage is valid for 90 days, you can begin recruitment on the 90th day and recruit for the next 180 days for a total of 269 days from obtaining the prevailing wage to filing.
Example 2. If you obtain the prevailing wage before beginning recruitment, you have 180 days to complete recruitment prior to filing the PERM Application, if the first day of recruitment begins no later than the last day of the Prevailing Wage Validity Period. If the prevailing wage is valid for 180 days, you can begin recruitment on the 180th day and recruit during the next 180 days, for a total of 359 days from obtaining the prevailing wage to filing.
Important Links
Address Guide
Numerous governmental offices provide services to research, catalogue, and calculate prevailing wages.
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Prevailing Wage 101
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Testimonials
Joel Stewart has taken the spaghetti of all the sources on PERM: legislations, rules, FAQs, cases etc. and reintegrated them into a simple and luminously logical progression of how to do PERM. In each of the chapters, he uses articles by notable practitioners and his own extensive commentary to provide deep insights on every aspect of PERM. If you are a seasoned PERM practitioner, you will appreciate the clarity of the organization seen in the table of contents below and will discover many new insights in every chapter. For anyone relatively new to PERM, Joel Stewart serves as a trusted guide to your mastering the lay of the land of this complex area. This book belongs in the library shelf of every PERM practitioner...
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Featured Lawyer
Matthew Morse
Matthew Morse is a Senior Partner at Fakhoury Global Immigration where he has been practicing employment-based immigration law for over 20 years. Matt has experience with all aspects of prevailing wage determinations for temporary visas and permanent residency (PERM) applications for large High Tech and multinational enterprises.
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