Navigating wage discrepancies and your next steps.
Receiving a Prevailing Wage Determination (PWD) that seems too low for your intended PERM application can be a significant concern. Understanding your options and the implications of a low wage determination is crucial for proceeding effectively.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| Average PWD Processing Time | 3-4 Months | ↔ Stable |
| Average PERM Processing Time | 503 Days | ↑ Slight Increase |
| Total PWD Filing Records | 227,820 | N/A |
| H-1B Lottery Selection Odds (Level 1) | ~15% | N/A |
| H-1B Lottery Selection Odds (Level 4) | ~62% | N/A |
Our data shows that employers who do not carefully review the PWD wage determination before filing PERM often face significant delays. A wage that is too low can lead to DOL scrutiny during PERM processing, potentially resulting in denial or requests for additional evidence, even if the PWD itself was initially approved.
If your PWD wage seems too low, do not proceed with PERM filing immediately. Consult with your immigration attorney to assess if a redetermination request or a new PWD application is the best strategy. This proactive step can save months of processing time later.
The Prevailing Wage Determination (PWD) sets the minimum wage an employer must offer for a specific role. If the determined wage is perceived as too low for the PERM application, it can create complications. While the DOL issues the PWD, it's the employer's responsibility to ensure it aligns with the job requirements and market rates to avoid issues during PERM processing.
If a PWD comes back lower than expected, options include requesting a redetermination from the DOL, providing additional justification, or filing a completely new PWD request. Each option restarts or extends the 3-4 month processing timeline. Given the 503-day average PERM processing, addressing a low PWD wage proactively is essential for a smooth green card application.
Consider a scenario where a tech company files a PWD for a Senior Software Engineer. The DOL determines a wage of $100,000. If the company intended to pay $120,000 and believed the PWD should reflect that, they might challenge the $100,000 determination. This could involve requesting a redetermination or filing a new PWD.
For example, if a PWD is issued at $90,000 for a role that typically commands $110,000 in the market, the employer must decide whether to proceed with the lower wage (potentially raising red flags during PERM) or incur the 3-4 month wait for a new PWD. This decision significantly impacts the overall timeline towards permanent residency.
Q: What should I do if my PWD wage is too low for PERM?
A: If your PWD wage is too low, consult your attorney. Options include requesting a redetermination or filing a new PWD, both adding to the 3-4 month processing time.
Q: Can I still file PERM with a low PWD wage?
A: You can, but it's not advisable. A significantly low wage may attract DOL scrutiny during PERM processing, potentially leading to denial or delays.
Q: How long does a PWD redetermination take?
A: A redetermination request for a PWD can take an additional 3-4 months, similar to the initial processing time. Filing a new PWD also incurs this wait.
Q: What is the impact of a low PWD on the PERM timeline?
A: A low PWD can cause significant delays if you challenge it or refile, adding months to the process before the 503-day PERM average even begins.
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Search H-1B Sponsors on Wisa →If your PWD wage is too low, consult your attorney. Options include requesting a redetermination or filing a new PWD, both adding to the 3-4 month processing time.
You can, but it's not advisable. A significantly low wage may attract DOL scrutiny during PERM processing, potentially leading to denial or delays.
A redetermination request for a PWD can take an additional 3-4 months, similar to the initial processing time. Filing a new PWD also incurs this wait.
A low PWD can cause significant delays if you challenge it or refile, adding months to the process before the 503-day PERM average even begins.