In the context of U.S. employment-based immigration, PWD stands for Prevailing Wage Determination. This is a critical step in the green card process, particularly for EB-2 and EB-3 visa categories that require employer sponsorship and PERM Labor Certification.
The Department of Labor (DOL) uses the PWD to establish the minimum wage that a U.S. employer must offer to a foreign worker based on the job location, duties, and required experience. The purpose of the prevailing wage is to ensure that hiring a foreign national will not negatively impact wages or job opportunities for U.S. workers.
Why Is the PWD So Important?
The Prevailing Wage Determination ensures fairness in the labor market and is designed to protect both U.S. and foreign workers. It is a legally binding figure that employers must meet or exceed in their job offer in order to move forward with the PERM labor certification process.
Employers cannot advertise or offer a wage lower than the PWD, and doing so may result in denial of the PERM application or even compliance audits from the DOL.
You can find additional information on prevailing wages directly from the U.S. Department of Labor.
How Is the PWD Calculated?
The DOL calculates the prevailing wage based on data from the Occupational Employment and Wage Statistics (OEWS) and factors such as:
- Job title and SOC (Standard Occupational Classification) code
- Required education and experience
- Job duties and location
- Supervision and travel requirements
Employers typically file Form ETA-9141 to request a Prevailing Wage Determination through the DOL’s Foreign Labor Application Gateway (FLAG) system. As of 2025, PWDs are generally issued within 4 to 6 months, although this timeline may fluctuate based on DOL workload.
PWD in the PERM Process
In the PERM (Program Electronic Review Management) process, the PWD is the first major step and must be obtained before any recruitment can begin. This includes advertising the position and reviewing U.S. applicants to determine if any are qualified, willing, and available to fill the role.
Only after the prevailing wage has been issued and recruitment is complete can an employer file the PERM Labor Certification (ETA Form 9089). This certification is required before the immigrant petition (Form I-140) can be filed.
For more on how the PERM process works, visit our PERM overview page.
Common Delays and Challenges
Delays in receiving the Prevailing Wage Determination can significantly affect the overall green card timeline. Employers and foreign nationals should plan for sufficient lead time and avoid beginning recruitment before the PWD is issued.
If the job description is too vague, overly complex, or inconsistent with standard job classifications, the DOL may issue a Request for Information (RFI) or return the application for correction. Working with an experienced immigration attorney can help prevent such issues and streamline the PWD process.
Understanding the meaning of PWD and its role in the employment-based green card process is essential for employers and foreign workers alike. At Scott Legal, P.C., we guide our clients through every stage of the PERM process, including PWD requests, job classification, and DOL compliance.
Schedule a consultation with us and ensure your green card application starts on solid ground.
