9141 Requests: Details Matter!

On Aug 26, 2022, DOL issued a 9141 determination we submitted on Feb 25, 2022; given that kind of slow processing - you cannot afford to end up with a 'bad wage.'

This post is for anyone hoping to better understand the 9141 prevailing wage request process.

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If a U.S. employer seeks to sponsor someone for a green card (permanent resident visa status), then the employer generally must go through 2 stages and the sponsored candidate must go through the final third stage:

• Stage 1 = Employer’s PERM labor certification;

• Stage 2 = Employer’s I-140 immigrant visa petition;

• Stage 3 (OPTION A) = Candidate’s I-485 adjustment of status (for candidates in the US); or

• Stage 3 (OPTION B) = Candidate’s Immigrant visa processing through a U.S. consulate (for candidates abroad, or not eligible for adjustment of status).

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The PERM labor certification process is governed by regulations promulgated by the U.S. Department of Labor (DOL). You can read more about PERM here.

• For every PERM application, there must be a 9141 prevailing wage determination. The DOL wants to make sure that employers are offering the job in compliance with the prevailing wage.

• Right now, in summer 2022, DOL is extremely slow at processing 9141 requests. It is the slowest processing of 9141s in the HISTORY of PERM, which started in March 2005. It currently takes 6 months, or more, to get a 9141 prevailing wage determination.

Because of this slow processing, it is critical that an employer (and the employer’s lawyer) think carefully about the 9141 request so as not to receive a prevailing wage that is “too high.”

This post (after the paywall) will discuss various issues to consider on when preparing a 9141.

The rest of this post will cover the following:

1. Employer’s “off the shelf” job description;

2. Qualifications of the candidate;

3. Consideration of the occupational code;

4. Consideration of “special” requirements;

5. The merits of an alternative wage survey.