Prevailing Wage Determinations for the H-1B Program

The Immigration and Nationality Act requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of U.S. workers comparably employed. To comply with the law, the U.S. Department of Labor's regulations require that the wages offered to a foreign worker must be the prevailing wage rate for the occupational classification in the area of employment. The prevailing wage rate is 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 using the Application for Prevailing Wage Determination Form ETA-9141. Electronic filing via the Foreign Labor Application Gateway (FLAG.DOL.GOV) is strongly recommended.

Additional Information:

USDOL Foreign Labor Application Gateway (FLAG.DOL.GOV for electronic filing - recommended)  

How to Create and Submit Form ETA-9141 in FLAG.DOL.GOV 

Form ETA-9141: Application for Prevailing Wage Determination  (PDF form)

Form ETA-9141: General Instructions  (instructions for PDF form)

USDOL information on Prevailing Wages

USDOL Foreign Labor Certification website