Prevailing Wage

For purposes of foreign labor certification, a prevailing wage is defined as the average wage paid to similarly employed workers in the requested occupation in the area of intended employment. Agricultural Alien Labor Certification: Agricultural employers who anticipate a shortage of U.S. workers may file an application requesting temporary foreign agricultural labor certification.

Among other conditions that need to be satisfied the employers are required to pay the highest of Federal/State minimum wage, Adverse Effect Wage Rate (AWER) or the Prevailing Wage Rate. In order to establish the prevailing wage rate surveys must be conducted for each agricultural crop activity in which certification is sought.

Non-Agricultural Alien Labor Certification: Prevailing wages are established by the Department of Labor and published on their web site (www.flcdatacenter.com). Wage determinations are made by the DCS Foreign Labor Certification Unit using Form 2418, Prevailing Wage Request Form.