Form ETA-9141: How the PERM Prevailing Wage Request Sets the Salary Floor for Your Green Card Job
Before any PERM ad runs, your employer asks DOL to price your job. Here is what goes on Form ETA-9141 and how the answer becomes your green card salary floor.
Part of our guide to H-1B wage levels.
Form ETA-9141, the Application for Prevailing Wage Determination, is the first filing in a PERM green card case. Your employer submits it to the Department of Labor's National Prevailing Wage Center (NPWC), describing your job's duties, requirements and worksite. DOL answers with an occupation code, a wage level and a dollar figure: the prevailing wage determination (PWD). The wage your employer offers on the PERM application must equal or exceed it, so this one form sets the salary floor for your green card job.
Status as of November 1, 2026: the PWD rules at 20 CFR 656.40 and 656.41 are in effect. DOL's prevailing wage rule (RIN 1205-AC30) is proposed (NPRM 2026-03-27), with no final rule and nothing at the White House Office of Information and Regulatory Affairs (OIRA). A separate PERM labor-market-test NPRM (RIN 1205-AC29) cleared OIRA on 2026-10-23 but is unpublished, so current PERM rules apply. DOL was working June 2026 PWD requests as of 2026-09-30.
What is Form ETA-9141?
Form ETA-9141 is the request an employer files with DOL's National Prevailing Wage Center to learn the minimum wage it must offer for a specific job in a specific place. For a PERM green card, the employer must obtain this determination before filing the labor certification, and the offered wage must equal or exceed the determined wage.
Four points are easy to miss:
- You do not file it. The employer, or its attorney or agent, does. Section B names an employer contact who must differ from the attorney in Section D, unless that attorney is an employee.
- One form serves several programs. Section A asks whether the request supports H-2B, H-1B, H-1B1 Chile, H-1B1 Singapore, E-3 Australian or PERM.
- It is mandatory for PERM, optional for H-1B. Under 20 CFR 656.40(a) a PERM employer "must request a PWD." For an H-1B Labor Condition Application, 20 CFR 655.731(a)(2) allows other wage sources instead.
- It is filed online. DOL's prevailing wage resources page says "Electronic filing using the FLAG System is strongly recommended." The form and general instructions linked from DOL's OFLC forms page carry OMB number 1205-0508 and a printed expiration of 07/31/2026 (checked 2026-11-01).
In its April 2023 webinar on the new ETA-9089, DOL said the job opportunity data "will be directly imported from the Form ETA-9141" tied to the PWD number. The duties and requirements written here become the job your whole PERM case describes; our guide to Form ETA-9089, section by section picks up from there.
What goes on the ETA-9141, section by section
ETA-9141 sections, as of 2026-11 (DOL instructions, OMB 1205-0508)
| Section | What the employer enters | Why it matters for your wage |
|---|---|---|
| A | Program: PERM, H-1B, H-1B1, E-3 or H-2B | Sets which rules apply |
| B, C, D | Employer contact, legal name, FEIN, NAICS code; attorney or agent | Identity only; NAICS describes the employer, not your job |
| E | Wage source: ACWIA coverage, sports league, union contract, Davis-Bacon or Service Contract Act, employer survey | Decides whether DOL uses the standard OEWS survey |
| F.a | Job title, full duties (up to 4,000 characters), supervision | Drives the occupation code and level |
| F.b | One set of minimum requirements: degree, major, training, experience, skills | Requirements above the occupation norm raise the level |
| F.c | Alternative requirements, if accepted | Produces a second wage; the higher one governs |
| F.d | Suggested SOC code, reporting line, travel | DOL may issue a different code |
| F.e and Appendix A | Worksite address and county, plus other areas or counties | The county sets the local wage |
| G | Left blank; DOL completes it | The wage or wages and the validity period |
Duties. The instructions say the duties "must be specific enough to be classified under a relevant Standard Occupational Classification (SOC) code" and that "All job duties must be disclosed." Accuracy is a legal requirement: the instructions warn that knowingly giving false information on the form is a federal offense.
Worksites. The instructions say the county "is used to determine the prevailing wage." Work in another metropolitan area, or a county with a different wage, goes on Appendix A (up to 250 worksites per form). For hybrid and travelling roles: "A prevailing wage cannot be provided for unanticipated worksites."
Universities and research employers. If you are an F-1 graduate headed to a university, an affiliated nonprofit or a nonprofit or government research organization, Section E asks about ACWIA coverage. Under 20 CFR 656.40(e), the wage for those employers considers only pay at similar institutions in the area.
How does DOL choose the SOC code for my job?
The NPWC compares your title, duties and requirements with occupational descriptions in O*NET and assigns the Standard Occupational Classification code that fits best. The employer may suggest one in Section F.d, but the instructions say "the SOC issued with the determination may differ."
The tie-breaker sits in DOL's Prevailing Wage Determination Policy Guidance (revised November 2009), which DOL's wage page says the NPWC uses. When requirements span more than one occupation, the center "should default directly to the relevant O*NET-SOC occupational code for the highest paying occupation"; the guidance's example is an engineer-pilot. A role blending data engineering with management duties could be coded to whichever pays more.
How does DOL set the wage level, I through IV?
Every request starts at Level I. The 2009 guidance then adds worksheet points for experience beyond the starting point of the occupation's O*NET Job Zone range, education above the usual requirement, special skills such as licenses or languages, and supervision (unless supervising is normal for the occupation). The total sets the level, capped at IV. The guidance calls the levels entry, qualified, experienced and fully competent, notes that titles with "lead" or "senior" can indicate Level III, and says the process "should not be implemented in an automated fashion."
DOL then issues the OEWS wage for that occupation, level and area, unless a union contract, an accepted employer survey or a Davis-Bacon or Service Contract Act wage applies under 20 CFR 656.40(b). DOL's March 2026 proposal describes today's levels as "approximately the 17th, 34th, 50th, and 67th percentiles." You can look up published figures in DOL's OFLC Wage Search. For what each level means in practice, see our guide to DOL prevailing wage levels I to IV, and for the inputs in more depth, how H-1B prevailing wage is determined.
Why does the higher of two wages apply?
When the employer lists alternative requirements, DOL prices both sets: Section G.4 reflects the minimum requirements and G.5 the alternatives. The instructions are direct:
"Please use the higher of the two wages as the determined prevailing wage when completing the PERM Labor Certification Application. The offered wage must be equal to or greater than the higher wage of the two requirements."
So a job accepting "a master's and two years of experience, or a bachelor's and five years" can carry two levels, and the higher becomes the floor. DOL does not test the alternatives at this stage: "the substantial equivalency of the alternative requirements to minimum requirements will not be evaluated." A further set of alternatives needs another ETA-9141. Our explainer on the PERM offered wage versus your current salary covers what happens when the floor sits above or below today's pay.
Common misconception: "The PWD is my green card salary." Correction: it is the minimum the PERM offered wage must meet; the employer may offer more. Do not confuse it with the H-1B rule in 20 CFR 655.731(a), which requires pay of "at least the higher of the two wages," meaning the employer's actual wage and the prevailing wage.
How long is a prevailing wage determination valid?
Under 20 CFR 656.40(c), DOL sets a validity period of no less than 90 days and no more than one year from the determination date. For PERM, the employer must file the labor certification or begin the recruitment required by 20 CFR 656.17(e) within that window. The end date printed on the determination is the one to track.
If the window closes first, the determination cannot support the case, and in practice the employer files a new ETA-9141 and rejoins the queue (our reading of 656.40(c)).
How long does a PWD take right now?
This is what DOL's FLAG processing-times page, the live source, showed on 2026-11-01.
DOL prevailing wage and PERM queues (FLAG, checked 2026-11-01)
| Queue | Being worked | As of |
|---|---|---|
| PERM PWD requests (OEWS and non-OEWS) | June 2026 receipts | 2026-09-30 |
| H-1B PWD requests (OEWS and non-OEWS) | June 2026 receipts | 2026-09-30 |
| PERM redeterminations | July 2026 | 2026-09-30 |
| PERM Center Director reviews | July 2026 | 2026-09-30 |
| PERM PWD requests pending (April to September receipts) | about 49,000 (49,034) | 2026-09-30 |
| PERM analyst review, after the ETA-9089 | January 2026 priority dates; 303-day average | 2026-10-21 |
Most pending PERM requests arrived from July to September 2026. Our prevailing wage determination processing time tracker follows the queue month by month.
Funding watch: federal funding runs through 2026-12-11 under the current continuing resolution. In the October 2025 lapse, DOL's TEN 02-25 said foreign labor certification processing "will be suspended." DOL's newer lapse plan (2026-01-30) and TEN 05-25 (2026-02-02) say OFLC "will continue processing prevailing wage determinations and labor certification applications," though a prolonged lapse "will exacerbate processing delays." Unless Congress passes funding by 2026-12-11, slower work, or by precedent a pause, is possible.
The PWD inside the PERM process, step by step
- File Form ETA-9141 with the NPWC in FLAG, with Appendix A for extra worksites (employer or its attorney).
- Receive the determination, with the SOC code, wage level, wage or wages and validity period in Section G.
- Request Center Director review in writing within 30 days, under 20 CFR 656.41, if the employer disagrees.
- Start the recruitment required by 20 CFR 656.17(e), or file, inside the validity period.
- File Form ETA-9089 in FLAG with the PWD number and an offered wage at or above the higher determined wage.
- File Form I-140 with USCIS after DOL certifies the labor certification.
A worked timeline (illustrative dates): your employer's attorney files the ETA-9141 on 2026-06-15. On 2026-09-30, FLAG shows June receipts being worked, with 3,532 June PERM requests still pending. If the determination issues on 2026-10-20, the employer's deadline to request Center Director review is 2026-11-19, and the validity period can end no earlier than 2027-01-18 and no later than 2027-10-20; the printed date governs.
Can my employer challenge a PWD?
Yes, and only the employer can. Under 20 CFR 656.41, it must ask "within 30 days of the date from when the PWD was issued," in writing to the director of the issuing center, identifying the determination, stating its grounds and including everything it originally submitted. After that, it can go to the Board of Alien Labor Certification Appeals (BALCA) within 30 days of the director's decision, on legal arguments and the existing record only. Whether to challenge is the employer's attorney's call.
Will the proposed DOL wage rule change my PWD?
Not today. The NPRM, "Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States" (RIN 1205-AC30, published 2026-03-27), is proposed. Comments closed 2026-05-26, and as of 2026-11-01 there is no final rule and nothing at OIRA.
Its implementation section is what matters for a pending case. As proposed, the rule "would only apply to Applications for Prevailing Wage Determinations pending with the OFLC NPC as of the proposed effective date," and requests submitted on or after that date would also be priced under the new method. DOL "does not propose to apply the new regulations to any previously-approved prevailing wage determinations" (NPRM text, 91 FR 15454).
Wage levels, rule in effect vs proposal, as of 2026-11
| Item | In effect (2026-11-01) | Proposed in RIN 1205-AC30 (not final) | What to do now |
|---|---|---|---|
| Level I / II / III / IV | about 17th / 34th / 50th / 67th percentile | 34th / 52nd / 70th / 88th percentile | Nothing changes until a final rule |
| Determination already issued | Valid to its own end date | Not reopened, as proposed | Track the validity end date |
| Request not yet decided | Priced under current levels | New levels if pending on, or filed after, the effective date, as proposed | Ask counsel how any final text treats pending requests |
A final rule could change any of this, including the transition. Our explainer on what the DOL wage proposal means for your PERM case goes deeper.
Why this matters on OPT, STEM OPT or H-1B
The PWD prices the green card job, not your current status. On OPT or STEM OPT, a pending ETA-9141 does not change your unemployment limits (90 days, or 150 with STEM OPT) or reporting duties; ask your DSO about those. On H-1B, your Labor Condition Application has its own wage, and the registration wage level drives selection weighting (in effect since 2026-02-27). PERM strategy and timing belong with your employer's immigration attorney.
Common mistakes
- Treating the suggested SOC code as final. A combined role can be coded to the higher-paying occupation.
- Reading the PWD as your salary. It is a floor, set by the higher of the determined wages.
- Leaving out real worksites or travel. DOL cannot price "unanticipated worksites."
- Letting the validity period lapse. Recruitment or filing must start inside the printed window.
- Calling the March 2026 NPRM "the new rule." It is proposed; current levels apply.
Frequently asked questions
What is Form ETA-9141?
The Application for Prevailing Wage Determination your employer files with DOL's National Prevailing Wage Center, usually in FLAG. It describes the duties, requirements and worksite; DOL returns an occupation code, a wage level and a wage. For PERM it is required before filing, and the offered wage must equal or exceed the result.
How does DOL choose the SOC code for my job?
The NPWC compares the title, duties and requirements with O*NET and picks the best-fitting code. DOL may use the employer's suggested code, but the issued code may differ. If the duties combine occupations, the 2009 guidance points to the highest-paying one.
How long is a prevailing wage determination valid?
Between 90 days and one year from the determination date, as DOL sets on each one (20 CFR 656.40(c)). The employer must file the PERM application or begin the required recruitment inside that window; the printed end date governs.
How long does a PWD take right now?
As of 2026-09-30, FLAG showed PERM and H-1B requests received in June 2026 being worked, with about 49,000 PERM requests pending. Check the live page. Funding runs through 2026-12-11; DOL's current plan keeps this work going in a lapse, but its October 2025 notice said it would be suspended, so delays are possible.
Will the proposed DOL wage rule change my PWD?
Not as of 2026-11-01. RIN 1205-AC30 is proposed, with no final rule and no OIRA review under way. As proposed, it would apply to requests pending on its effective date or filed after it, not to determinations already issued. A final rule could differ, so ask your employer's immigration attorney.
Sources
- DOL, Form ETA-9141 General Instructions (OMB 1205-0508) and OFLC forms page
- DOL, Prevailing Wage Information and Resources
- DOL ETA, Prevailing Wage Determination Policy Guidance (revised November 2009)
- DOL, FLAG processing times and OFLC Wage Search
- DOL OFLC, stakeholder webinar on the new Form ETA-9089 (April 2023)
- 20 CFR 656.40, 20 CFR 656.41, 20 CFR 655.731
- Federal Register, DOL prevailing wage NPRM, RIN 1205-AC30, and full text on govinfo
- DOL, Plan for the Continuation of Limited Activities During a Lapse in Appropriations (2026-01-30); ETA, TEN 05-25 (2026-02-02) and TEN 02-25 (2025-10-01)
How we checked this: we read DOL's ETA-9141 form and instructions, the 2009 prevailing wage guidance, 20 CFR 656.40, 656.41 and 655.731, the March 2026 NPRM text, DOL's lapse plan and notices, and DOL's FLAG processing-times page on 2026-11-01.
This is general information, not legal or tax advice; your own determination and notices, your employer's immigration attorney, and your DSO for anything F-1, OPT or SEVIS govern over anything published here.
If you are on OPT, STEM OPT or H-1B and want a search aimed at employers that sponsor green cards as well as visas, F1Jobs can help you plan it.
Frequently asked questions
What is Form ETA-9141?
Form ETA-9141 is the Application for Prevailing Wage Determination that your employer files with the Department of Labor's National Prevailing Wage Center, usually through the FLAG system. It describes the job's duties, minimum and alternative requirements and worksite, and DOL answers with an occupation code, a wage level and a prevailing wage. For PERM, the employer must get this determination before filing, and the offered wage must equal or exceed it.
How does DOL choose the SOC code for my job?
The National Prevailing Wage Center compares the job title, duties and requirements on the ETA-9141 with occupational information in O*NET and picks the Standard Occupational Classification code that fits best. The employer can suggest a code, but DOL's instructions say the code issued may differ. If the duties combine occupations, DOL's 2009 guidance points the center to the highest-paying one.
How long is a prevailing wage determination valid?
Under 20 CFR 656.40(c), DOL sets a validity period on each determination of no less than 90 days and no more than one year from the determination date. For PERM, your employer must file the labor certification or begin the required recruitment within that window. The exact end date is printed on the determination.
How long does a PWD take right now?
As of September 30, 2026, DOL's FLAG processing-times page showed PERM and H-1B prevailing wage requests received in June 2026 being worked, with about 49,000 PERM requests pending. That is a dated snapshot, so check the live FLAG page. Federal funding runs through December 11, 2026. DOL's current lapse plan says this work would continue in a lapse, but DOL's October 2025 lapse notice said it would be suspended, so delays are possible unless Congress passes funding by then.
Will the proposed DOL wage rule change my PWD?
Not as of November 1, 2026. DOL's prevailing wage rule (RIN 1205-AC30) is only proposed, with no final rule and no White House review under way. As proposed in March 2026, it would apply to requests still pending on its effective date and to requests filed after it, but not to determinations already issued. A final rule could differ, so ask your employer's immigration attorney when one is published.