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Home LinkPrevailing Wages (PERM, H-2B, H-1B, H-1B1 and E-3)


  • The 2016 Department of Labor Appropriations Act (Division H, Title I of Public Law 114-113) (2016 DOL Appropriations Act), which was enacted on December 18, 2015, contained several provisions requiring non-substantive modifications to (1) the Form ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey and (2) Appendix B of the Form ETA-9142B, H-2B Application for Temporary Employment Certification. In order to comply with the 2016 DOL Appropriations Act, the Office of Foreign Labor Certification (OFLC) submitted these non-substantive modifications to the Office of Management and Budget (OMB) for review and approval. The OMB has now approved the non-substantive modifications. Therefore, the OFLC Certifying Officers (COs) may issue H-2B prevailing wage determinations based on the submission of a private survey, and may now certify H-2B applications for temporary labor certification, so long as all applicable program requirements are met.


    Employers Requests for Prevailing Wage Determination Based on Survey

    • Employer requests for a prevailing wage determination based on a private wage survey submitted on or after December 19, 2015, must be accompanied by the revised Form ETA-9165. The CO will issue a Request for Information requiring the employer submit the revised Form ETA-9165 for any survey-based requests for a prevailing wage determination submitted without the revised Form ETA-9165.

    To obtain a copy of the Emergency Guidance (updated January 5) reflecting these changes, please click here.

    To obtain a copy of the revised Form ETA-9165 and general instructions, please click here.

header Contact Information
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
National Prevailing Wage Center
200 Constitution Avenue, NW
Room N-5311
Washington, DC 20210

Application specific questions:
iCERT Portal System technical issues:
Phone: (202) 693-8200