A. Prevailing wage:
• PERM requires that employers obtain prevailing wage determinations from the appropriate SWA in advance of the filing. State Employment Services Agencies (SESAs), a.k.a. State Workforce Agencies (SWAs), will administer Prevailing Wage Determinations (PWDs). Employers must pay 100% of the prevailing wage for the position

• The labor certification application must be filed within the validity period of the prevailing wage determination.

Generally Prevailing Wage Determinations may be valid for 90 days to 1 year from the date of the determination

B. Job order requirement:
• Job requirements must represent the employer’s actual minimum requirements and that they bear a reasonable relationship to the occupation and are essential to perform the job in a reasonable manner.

• A foreign language requirement must be accompanied by a justification based on business necessity

• Employer must not have hired workers with less training or experience for substantially comparable jobs

• A “substantially comparable” job or position means a job or position requiring performance of the same job duties more than 50 percent of the time

• Employers may be required to provide position descriptions, percentage of time spent on the various duties, organization charts, and payroll records in order to document that they have not hired workers with less training or experience for substantially comparable jobs