EB-3 Prevailing Wage 2026: How It Is Set
For PERM, the employer must get a DOL prevailing wage determination and offer at least that wage. The level depends on worksite, duties and requirements.
Short answer: For EB-3/PERM, the employer must first request a prevailing wage determination (Form ETA-9141) from the Department of Labor's National Prevailing Wage Center (NPWC), and the offered wage may not be lower than the wage it sets. PERM cannot be certified if the offered wage is below the prevailing wage.
What is the prevailing wage?
It is the government's threshold to avoid undercutting U.S. workers in similar roles. The wage on the PERM application must meet or exceed the amount determined by the Department of Labor. Actual pay should match the commitment, or later I-140 and consular review may raise questions. For the full sequence, see PERM labor certification step by step, or browse the current openings.
Who decides the level?
Before recruitment starts, the employer files Form ETA-9141 with the NPWC. Based on the occupation, minimum education and experience requirements, and worksite, the Department of Labor assigns the job to one of four wage levels (Level I to Level IV). Entry-level roles typically fall at the lower levels. For PERM, the employer generally cannot substitute its own wage survey for this determination; alternative surveys apply only in narrow cases, so confirm with the employer's attorney.
How long does it take, and how long is it valid?
The determination itself commonly takes several months and is valid only for a limited period, so the employer must start recruitment within that window. Check the current processing times on the Department of Labor's FLAG site. This is one of the earliest waits in the whole process; see the EB-3 timeline from recruitment to green card.
What drives the level?
| Factor | Effect |
| Worksite | The wage is set by the actual worksite area; higher-cost areas are often higher |
| Role and duties | Senior or supervisory duties generally raise the level |
| Minimum education and experience | Higher requirements can raise the level |
| Wage level | Level I to Level IV; entry roles are typically lower |
What should employees watch?
- You cannot agree to a below-prevailing wage to help the company. That undermines PERM.
- If the offer looks far below market, ask whether a valid prevailing wage determination exists.
- Wage, job description and recruitment ads must stay consistent.
- By law, the employer must pay all PERM labor-certification costs and cannot charge them to you. See who pays EB-3 costs.
What about remote or multi-state work?
The wage level follows the worksite. For Taiwan and Hong Kong applicants with remote, multi-location or multi-state arrangements, clarify in writing with the employer's attorney how the worksite is defined before anything starts, so the correct wage level is used.
Last updated: 30 October 2026
Related articles: PERM labor certification step by step, EB-3 timeline, who pays EB-3 costs.
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Frequently asked questions
Is the prevailing wage the same as the market wage?
Not necessarily. It is a standard set by the Department of Labor by occupation, level and location, and it can differ from actual market pay. The employer's offer cannot be lower than it.
Can the employer place recruitment ads first and get the determination later?
No. The determination must be obtained before recruitment begins, and recruitment must start within its validity period, or the process may need to be redone.
Is it a problem if my wage is higher than the prevailing wage?
Generally not. The prevailing wage is a floor. The wage should still be consistent with the job description and ads.
How long does a prevailing wage determination take?
It commonly takes several months and changes with Department of Labor workload. Check the current FLAG processing times and confirm with the employer's attorney.
Who pays for the prevailing wage step?
By law, the employer must pay all PERM labor-certification costs. They cannot be charged to the worker.
Official sources
General information only, not legal advice. Immigration rules and the Visa Bulletin change; check the official sources above before you decide. Petitions are prepared and filed by the sponsoring employer’s licensed U.S. immigration attorney.