ETA Form 9141 Explained: How the EB-3 Visa Prevailing Wage Is Set

ETA Form 9141 is the Application for Prevailing Wage Determination. Your U.S. employer files it with the Department of Labor (DOL) to find out the lowest wage it can offer for your EB-3 job. It is the first step of PERM labor certification, which is the first big stage of an EB-3 green card.

You don’t fill out this form, and your name is not on it. Still, it matters to you in two ways. First, the wage DOL sets becomes the minimum pay in your job offer. Second, the PERM process can’t move forward until DOL answers this request, so it is the first wait in your EB-3 visa timeline.

This page explains what the form is for, what’s on it, how DOL sets the wage, how long it takes, how long the result is valid, and what can go wrong.

ETA Form 9141 at a Glance

Full name	Application for Prevailing Wage Determination
Agency	U.S. Department of Labor, Office of Foreign Labor Certification (OFLC)
Who files	The employer (the petitioner), usually through its attorney
Where	Online, in DOL’s FLAG system
Government fee	None
Who pays the costs	The employer. It is a PERM cost, and PERM costs can’t be charged to the worker
What the worker does	Nothing on the form. The result sets the minimum wage for your job
Current wait	As of September 30, 2026, DOL was issuing decisions on requests filed in June 2026. See current EB-3 processing times
Valid for	At least 90 days and at most 1 year, set by DOL
What comes next	Recruitment, then ETA Form 9089

What Is ETA Form 9141 For?

Before an employer can sponsor a foreign worker for a green card, it has to show DOL that hiring that worker won’t push down wages for U.S. workers. The prevailing wage is how DOL measures this.

The prevailing wage is the typical pay for workers doing the same kind of job in the same area. Your employer uses ETA Form 9141 to request that number from DOL. DOL looks at the job, picks the matching occupation, and sets a wage. The employer must then offer at least that much.

This protects two groups:

• U.S. workers, because employers can’t use sponsorship to hire someone for less than the local going rate.
• You, because the EB-3 visa job offer can’t pay below what similar workers in that area earn.

Is ETA 9141 the Same as the Prevailing Wage Determination?

Not quite. The 9141 is the request. The prevailing wage determination (PWD) is DOL’s answer. DOL fills in its decision on the same form, in a section only DOL completes. People often use “9141” and “PWD” to mean the same thing, but the form is the question and the PWD is the result.

Is ETA 9141 Part of PERM?

Yes. PERM labor certification has three stages: the prevailing wage request (ETA-9141), recruitment to test the U.S. job market, and the PERM application (ETA-9089). The 9141 is the first one. You can read more about the whole program on our PERM glossary page and our page on labor certification.

The same form is used for EB-3 Skilled Workers, Professionals and Other Workers (unskilled) jobs. Employers in some temporary programs, like H-1B, can also file a 9141, but those programs mainly use a different DOL form called the Labor Condition Application. For EB-3, the 9141 is a required step.

Where ETA 9141 Fits in the EB-3 Process

Here is the full path to an EB-3 green card. The 9141 is step 1.

1. Prevailing wage request (ETA-9141). You are here. The employer requests the wage from DOL.
2. Recruitment. The employer advertises the job to U.S. workers. See our page on the labor market test.
3. PERM application (ETA Form 9089). The employer files it with DOL after recruitment.
4. Labor certification. DOL approves the 9089.
5. I-140 petition. The employer petitions USCIS. See our I-140 page.
6. Priority date wait. You wait for your place in line in the visa bulletin. See our page on the priority date.
7. Final step. Consular processing through the National Visa Center and the DS-260 if you’re abroad, or adjustment of status (Form I-485) if you’re already in the U.S. legally.

One point people often get wrong: the 9141 does not set your priority date. Your priority date is the day DOL receives the ETA-9089, which happens later, after recruitment.

From the first 9141 to a green card, the whole EB-3 process takes about 48+ months on average. See the full EB-3 visa process for each stage.

What’s on ETA Form 9141

Knowing what’s on the form helps you understand what your employer is telling DOL about your future job. The form has these main sections:

• A. Employment-based visa information. Which program the wage is for (for EB-3, the permanent labor certification program).
• B. Employer point of contact. A person at the company who handles the case.
• C. Employer information. Legal business name, address, tax ID number (FEIN) and industry code (NAICS).
• D. Attorney or agent information. The employer’s attorney or agent, if it has one.
• E. Wage source information. Whether the employer wants DOL to use its standard wage data or another source, like a union contract or a wage survey.
• F. Job offer information. This is the most important part:
  • Job title and job duties
  • Minimum requirements: education, training, experience and any special skills (license, language and so on)
  • Any alternative requirements the employer will accept
  • A suggested occupation code and who the worker reports to
  • The worksite address, and whether the job involves working in other areas
• G. Prevailing wage determination. DOL fills in this section. It shows the tracking number, the occupation code and title, the wage level, the wage amount and pay period (hour, week, month or year), the area, the determination date and the expiration date.

The Form Describes the Job, Not the Worker

There is no field for the foreign worker’s name on ETA Form 9141. The form is about the position. This is why the employer can file it before it has even picked a worker, and why you don’t sign it.

Why the Job Description Matters to You

The duties and requirements in Section F don’t stay on the 9141. They carry into the recruitment ads, the ETA-9089 and the I-140. Later, USCIS checks that you met the job requirements as of the day the 9089 was filed.

For an EB-3 Other Workers job, the job requires less than 2 years of training or experience, and no degree is required. If the 9141 lists requirements higher than that, the case may end up in a different EB-3 category than you expected. If you are applying for an Other Workers job, it’s fair to request a copy of the job description from your employer so you know what was filed.

How DOL Sets the Prevailing Wage

Where the Wage Number Comes From

In most cases, DOL uses its own wage data from the Occupational Employment and Wage Statistics (OEWS) survey. This is government data on what workers earn in each occupation in each area of the country. DOL publishes this wage data on its FLAG website.

Under the rules (20 CFR 656.40), the employer can request that DOL use another source in some cases:

• A union contract. If the job is covered by a collective bargaining agreement, the wage in that agreement is the prevailing wage.
• An employer-provided wage survey. The employer can submit a survey of local wages. The data must be recent (generally collected within 24 months), and DOL can reject it.
• Davis-Bacon or Service Contract Act wages. These apply to some government-contract work.

The Four Wage Levels

DOL sorts prevailing wages into four levels, based on how much the job requires compared with other jobs in the same occupation. A job with basic duties and no experience required is at the low end. A job with more experience, more skill or supervision is higher.

Under the current system, the four levels are set at these points of the local wage range for each occupation:

Level	Where it sits (current)	Typical job
Level I	17th percentile	Entry level, basic duties, close supervision
Level II	34th percentile	Some experience, limited judgment
Level III	50th percentile	Experienced, works more independently
Level IV	67th percentile	Fully skilled, often supervises others

A percentile shows where a wage falls in the range. The 17th percentile means about 17 out of 100 workers in that job and area earn less than this amount.

Most EB-3 Other Workers jobs, like restaurant, hotel, cleaning or manufacturing helper roles with no experience required, are usually Level I. The level DOL assigns is shown on the PWD.

What the Prevailing Wage Means for Your Pay

Your employer must offer you at least the prevailing wage. It can always offer more. The prevailing wage is a floor, not a fixed salary.

Here is an example with made-up numbers to show how it works:

• A company in a mid-size U.S. city wants to sponsor a food preparation worker.
• The job requires no degree and no experience.
• DOL assigns Level I and sets the prevailing wage at $15.20 per hour.
• The employer’s job offer must pay at least $15.20 per hour. If it offers $16.00 per hour, that’s fine. If it offers $14.50 per hour, DOL will not approve the PERM case.

Real prevailing wages depend on the occupation and the county, so the same job can have a different wage in a different city.

Also note that the prevailing wage is not the same as the minimum wage. The minimum wage is set by federal, state or local law for all workers. The prevailing wage is set by DOL for one occupation in one area, and it is often higher. If the minimum wage is higher, the employer still has to follow the minimum wage law.

Proposed 2026 Changes to Wage Levels

On March 27, 2026, DOL published a proposed rule that would raise all four wage levels for PERM and some temporary programs:

Level	Current	Proposed
Level I	17th percentile	34th percentile
Level II	34th percentile	52nd percentile
Level III	50th percentile	70th percentile
Level IV	67th percentile	88th percentile

Public comments closed on May 26, 2026. As of November 2026, this rule is not final. DOL has not published a final rule or an effective date, so prevailing wage determinations still use the current levels.

If a final rule takes effect, the minimum wage offers for sponsored jobs would go up. That could mean higher pay for sponsored workers, but some employers may also sponsor fewer workers because of the higher cost. We’ll update this page if DOL makes the rule final.

How Long Does ETA 9141 Take? (Prevailing Wage Determination Processing Time)

DOL publishes the month of requests it is currently working on. As of September 30, 2026:

• Prevailing wage requests for PERM: DOL was issuing decisions on requests filed in June 2026 (both standard OEWS requests and requests using other wage sources).
• Redeterminations and Center Director reviews: DOL was working on requests filed in July 2026.

In plain terms, that’s roughly 3 to 4 months from filing to a prevailing wage determination. This isn’t a promise. DOL only publishes the month it is working on, and the wait goes up and down. For the latest numbers, check our EB-3 processing times page, which we keep up to date.

A few things to know about timing:

• There is no premium processing for the 9141. Your employer can’t pay to speed it up. See our page on premium processing for PERM.
• The prevailing wage is only the first wait. After it comes recruitment (about 2 months) and then DOL’s review of the ETA-9089, which is the longest DOL step. See our full guide to PERM processing time for the whole timeline.
• Your employer can track the case in DOL’s FLAG system with the PWD tracking number. It’s reasonable to request that number or a status update from your employer.

eb3.work supports the PERM Backlog Reduction Act (H.R. 10051), introduced in August 2026. It would create an optional, employer-paid premium track for the ETA-9089 (a $1,200 fee for a decision within 30 days). It would not speed up the 9141 itself, but it requires that the program not slow down standard PERM processing, which includes prevailing wage requests, and that the fees be enough for timely 9141 processing. The bill is not law yet, and its text could change. Learn more about the PERM Backlog Reduction Act.

How Long Is a Prevailing Wage Determination Valid?

DOL sets an expiration date on every PWD. Under 20 CFR 656.40(c), the validity period is at least 90 days and at most 1 year from the determination date. Both dates are printed in Section G of the form.

The employer must do one of these things before the PWD expires:

• Start recruitment, or
• File the ETA-9089.

If the employer misses that window, the PWD can’t be used. The employer has to file a new 9141 and wait for a new decision, which can add several months to your case.

What you can do: request the PWD determination date and expiration date from your employer. If the expiration date is close and recruitment hasn’t started, it’s a good moment to request an update.

Fees and Who Pays

DOL charges no filing fee for ETA Form 9141.

There can still be costs, like the attorney’s time to prepare the request. These are PERM labor certification costs, and the law is clear about who pays them. Under 20 CFR 656.12, the employer can’t seek or accept payment from the worker for labor certification costs, and can’t take those costs out of the worker’s pay.

Warning: If anyone requests money from you for the prevailing wage step, the 9141 or PERM, treat it as a red flag. These costs belong to the employer by law.

In eb3.work’s program, the beneficiary (the worker) pays for everything except PERM. The prevailing wage request is part of PERM, so the worker does not pay for it. In our program, the attorney represents only the employer, who is the petitioner. For a full list of EB-3 costs and who pays each one, see our EB-3 visa cost breakdown.

If the Employer Disagrees: Review and Appeal

Sometimes an employer thinks DOL picked the wrong occupation or set the wage too high. The rules (20 CFR 656.41) give it a path to challenge the decision:

1. Request for review. The employer can request a review by the director of the DOL processing center within 30 days of the PWD being issued. The director looks only at what was already submitted, and can keep or change the wage. (This is often called a Center Director review.)
2. Appeal to BALCA. If the employer still disagrees, it can appeal to the Board of Alien Labor Certification Appeals (BALCA) within 30 days of the director’s decision.

The employer can also choose to file a new 9141, for example with a wage survey, instead of appealing.

Each of these options adds time. As of September 30, 2026, DOL was working on reviews filed in July 2026. For many Other Workers jobs, where the wage is already at Level I, a review is uncommon.

Common Problems That Delay the Prevailing Wage Step

Most delays at this step come from mistakes or mismatches. Here are the most common ones, and what you can request from your employer:

• The job duties or requirements don’t match later forms. The 9141, the recruitment ads and the 9089 must describe the same job. You can request a copy of the job description that was filed.
• The requirements are higher than an Other Workers job allows. If the job requires 2 or more years of experience, the case may not fit the Other Workers category. Request confirmation of which EB-3 category your case is in.
• Wrong worksite. The wage depends on the area. If the worksite changes, a new PWD may be required.
• The PWD expires. If recruitment doesn’t start in time, the employer has to start over. Request the expiration date.
• The offered wage is below the PWD. DOL will not approve a PERM case where the offered wage is lower than the prevailing wage. Request confirmation that your offered wage meets it.
• A long review. A request for review or an appeal can add months. Request an update if your case has been at this step much longer than the current DOL processing month.

ETA 9141 vs. Other EB-3 Forms

Form	What it does	Agency	Who files	When
ETA-9141	Requests the prevailing wage	DOL	Employer	First, before recruitment
ETA-9089	PERM labor certification application	DOL	Employer	After recruitment
I-140	Immigrant petition for the worker	USCIS	Employer	After the 9089 is approved
DS-260	Immigrant visa application	State Department	Worker (abroad)	When the priority date is current
I-485	Adjustment of status to green card	USCIS	Worker (in the U.S.)	When the priority date is current

Frequently Asked Questions

Ready to Start Your EB-3 Journey?

The prevailing wage step starts only after an employer agrees to sponsor you. If you’re looking for an entry-level job with green card sponsorship, start with our 2026 EB-3 jobs list, then read how the EB-3 visa process works from start to finish.

Sources

• U.S. Department of Labor: Form ETA-9141, Application for Prevailing Wage Determination
• U.S. Department of Labor, FLAG: Processing Times
• Cornell Law School LII: 20 CFR 656.12, Improper commerce and payment
• eb3.work: The PERM Backlog Reduction Act of 2026: Premium Processing for PERM