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An important part of the H-2B Application Process, and the first step that employers should take according to the Office of Foreign Labor Certification, is obtaining a Prevailing Wage Determination (PWD). These can be somewhat cryptic for those unfamiliar with the process.
PWD's are provided by the Department of Labor and are used by the potential employer to establish the wages offered for the positions the employer wants to fill. PWD's serve at least two purposes: to insure that employers are not adversely affecting the wages of similarly employed U.S. workers, and that H2B workers are not being exploited.
The relevant factors that the DOL uses in determining a specific prevailing wage rate are the nature of the job offer, the location of intended employment, and the job duties compared to those for U.S. workers that are similarly employed.
There have been some questions about how much leeway an employer has with the prevailing wage. Up to 2005, the offered wage could be 5 percent less than the PWD but now it must equal or exceed it.
Employers do not have to wait until they receive a PWD to begin recruiting prospects. If employers choose to start process without a PWD, they must make sure that the stated rate of pay will not be lower than the prevailing wage rate.
Venturing into the H2B process can be daunting but as they say, knowledge is power, and much more knowledge can be had at the Department of Labor's website.
Francisco Uviña, University of New Mexico
Hardscape Oasis in Litchfield Park
Ash Nochian, Ph.D. Landscape Architect
November 12th, 2025
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