Alternative and private wage surveys: FAQ and guide for employers sponsoring work visas

One of the critical aspects of employer-sponsored immigration is the prevailing wage requirement for certain immigration benefits. In some circumstances, employers may use an alternative wage source, including an independent or private wage survey, instead of the Department of Labor’s wages to establish the prevailing wage for a particular position.

Designed to protect the wages and working conditions of U.S. workers, employers sponsoring foreign nationals in certain visa categories must meet applicable wage requirements as defined by the Department of Labor (DOL). The DOL commonly relies on Occupational Employment and Wage Statistics (OEWS) data to establish prevailing wages.

However, alternative surveys may become increasingly important as employers navigate potential changes to the prevailing wage system. In March 2026, the DOL’s Employment and Training Administration proposed a new rule raising the percentiles associated with all four OEWS wage levels for certain H-1B, H-1B1, E-3 and PERM cases, thereby raising the prevailing wage. The proposal would retain the ability to use qualifying private wage surveys, reading in part that “retaining private wage surveys in limited circumstances preserves employer flexibility, mitigates potential adverse impacts on businesses operating in specialized labor markets, and balances reliance interests with the statutory mandate to protect U.S. workers.” At the time of this posting, current regulations remain in effect.

Selecting an alternative wage survey, however, is not simply a matter of finding a different salary figure. The survey must satisfy requirements that vary in consideration of certain factors, including the immigration program type and wage source. Even in the midst of regulatory change, employers can be prepared by understanding the methodology and data underlying the prevailing wage requirement.

This guide explains how alternative wage surveys work, when employers may use them and the key compliance considerations when relying on private wage data.

What is an alternative wage survey?

An alternative wage survey is a source of wage data used instead of the government’s standard OEWS data to establish a prevailing wage.

OEWS is a joint federal-state program that produces employment and wage survey data across hundreds of occupations. DOL uses OEWS data to establish prevailing wages by occupation and geographic area for immigration programs that require employers to meet prevailing wage requirements. For certain immigration programs, however, employers may rely on qualifying wage data from another source.

For H-1B purposes, employers generally are not required to use a specific methodology for determining the prevailing wage. The regulations permit employers to rely on a prevailing wage determination from DOL’s National Processing Center (NPC), an independent authoritative source or another legitimate source of wage data, provided the applicable requirements are met.

For PERM labor certifications, an employer must request a prevailing wage determination from the NPC. OEWS generally supplies the wage data when the position is not covered by an applicable collective bargaining agreement, unless the employer submits an acceptable alternative survey.

Private surveys may be particularly useful when OEWS data does not closely reflect the employer’s occupation, labor market or specialized position.

Understanding the four OEWS wage levels

The OEWS prevailing wage system assigns wages across four levels intended to reflect differences in the requirements of a position.

Under the current system, the wage levels correspond approximately to these percentiles:

• Level I: 17th percentile
• Level II: 34th percentile
• Level III: 50th percentile
• Level IV: 67th percentile

The wage level is not simply the employee’s salary or seniority. It is based on the requirements of the position and applicable DOL guidance.

DOL has proposed changing the percentiles for levels I-IV to the 34th, 52nd, 70th and 88th percentiles, respectively. According to the DOL, “[t]hese proposed revisions aim to better align prevailing wage levels with the wages paid to U.S. workers who are similarly employed in the occupation and area of intended employment.” While substantially increasing the prevailing wage attached to each level, the proposal would preserve the four-level framework.

Why alternative wage surveys matter for work visas

Alternative surveys can give employers an additional source of labor-market data when government wage data does not adequately reflect the position they are sponsoring. DOL has said, “[p]rivate wage surveys have historically been permitted to provide employers flexibility in cases where government data sources were unavailable or insufficiently granular for certain occupations or geographic areas. The rationale was that private surveys could capture niche labor markets and specialized roles not fully reflected in OEWS data.”

That flexibility could become more significant if DOL finalizes its proposed changes to the OEWS wage levels, which would permit certain qualifying private surveys.

For employers, this may make wage-source analysis an increasingly important part of immigration and workforce planning. A private survey may more precisely capture a specialized occupation, particular labor market or other characteristics of the employer’s position.

It is important, however, to distinguish between finding a survey with a more favorable wage and finding a survey that provides a legally supportable prevailing wage. The underlying data and methodology must satisfy the requirements of the applicable immigration program.

Immigration programs that may permit alternative wage surveys

Alternative wage data may be relevant to several employment-based visa programs, including:

H-1B, H-1B1 and E-3

Employers filing Labor Condition Applications (LCAs) must satisfy the required wage obligation. For these purposes, H-1B wage regulations may also apply to H-1B1 and E-3 workers. The employer generally must pay at least the higher of the actual wage paid to similarly qualified workers at the employer or the prevailing wage for the occupation in the area of intended employment. Regulations permit qualifying alternative sources for establishing the prevailing wage.

PERM

Employers pursuing certain employment-based green cards through the permanent labor certification process must obtain a prevailing wage determination from DOL. An employer may submit its own qualifying survey or other wage information to the NPC for consideration instead of relying on OEWS data.

H-2B

Different rules govern prevailing wage determinations for temporary nonagricultural workers, so employers considering alternative wage data for H-2B cases should evaluate the requirements applicable specifically to that program.

Because the rules differ by program and circumstances, the acceptability of a survey for one filing should not be assumed to establish that it will be acceptable for another.

Alternative wage survey requirements

Generally, an alternative survey needs to provide credible, current and appropriately targeted wage data. The precise requirements depend on the U.S. work visa program and type of wage source. However, common criteria for alternative surveys apply regardless of the specific visa category, including:

Survey methodology/arithmetic mean calculation

Employers should be able to explain how the survey was conducted and how its wage results were calculated. A published salary number without sufficient information about how the data was collected or analyzed may not provide the support needed for immigration purposes.

The survey must calculate the prevailing wage using the arithmetic mean (weighted average). The use of median or modal wages will typically disqualify a survey unless it has been credibly established that an arithmetic mean is not possible to calculate.

Recency

Wage data must also be sufficiently current, meaning that an employer-conducted survey must be based on data collected within 24 months of submission to the NPC and a published employer-provided survey generally must have been published within 24 months of submission to the NPC.

Cross-industry sampling and corresponding occupations

The population measured by a survey should appropriately correspond to the sponsored position. For prevailing wage purposes, “similarly employed” generally means workers performing substantially comparable jobs in the occupational classification in the area of intended employment. Employers should therefore look beyond a survey’s job title and consider whether the underlying job population reasonably corresponds to the duties and requirements of the sponsored role.

Alternate survey data cannot be restricted to a single industry (e.g., only tech firms or only nonprofits). It must collect wages across a broad cross-section of industries that employ workers in the corresponding occupation.

However, the American Competitiveness and Workforce Improvement Act (ACWIA) allows institutions of higher education, related nonprofits and governmental research organizations to use more narrowly scoped surveys specific to entity types.

Geography and job scope alignment

A national salary figure may not necessarily establish the appropriate prevailing wage for a position in a particular labor market. The private survey’s geographic scope should satisfy the applicable regulatory standard or provide credible broader geographic data where permitted. The data must specifically target workers within “normal commuting distance” of the physical job location.

The survey’s referenced job description must align with the sponsored position’s fundamental job duties and skill requirements.

Statistical measure and third-party integrity

Private surveys must be conducted by independent, authoritative and credible third-party sources with no influence by the employer or their agents over the raw survey data. The third party must also apply the “30/3 Rule” in which survey data must be from at least 30 employees distributed across at least 3 independent employers within the area of intended employment.

Risks and compliance considerations

Alternative surveys can offer employers valuable flexibility, but they may also create additional compliance considerations.

Government scrutiny of the survey

Unlike simply relying on an NPC-issued prevailing wage, use of an alternative source can require an employer to establish that the survey satisfies the applicable regulatory criteria.

For example, for an H-1B prevailing wage derived from another legitimate source, regulations specifically provide that the employer may be required to demonstrate the legitimacy of the wage in an investigation.

Survey documentation

Employers should maintain the survey itself along with supporting information needed to establish why the wage source was appropriate for the sponsored position.

Relevant documentation may include:

• The complete survey
• The survey edition and publication date
• Dates when underlying wage data was collected
• Survey methodology
• Sample size and source
• Sample-selection procedures
• Occupational or job descriptions
• Geographic coverage
• Statistical calculations
• Documentation connecting the survey population to the sponsored position

The specific records required will depend on the program and wage source.

Consistency across the immigration filing

Employers should also consider whether the occupation, duties, requirements, work location and other information used to select the survey align with the immigration filing.

A survey that is statistically sound may still create issues if the underlying occupation or geographic population does not reasonably correspond to the sponsored role.

What happens when alternative wage surveys are rejected?

The consequences of unqualified private surveys vary by program and stage of the case.

In the H-1B context, wage compliance carries broader obligations. Employers must pay the required wage — generally the higher of the applicable prevailing wage or actual wage — and maintain records supporting the wage determination.

In PERM, if an employer-provided survey is not acceptable, the NPC must explain why it rejected the survey. The employer may have options, including submitting supplemental information, making a new request for a prevailing wage determination or pursuing an appeal.

How employers should evaluate an alternative wage survey

Employers considering an alternative/private wage source should ask the following relevant questions:

• Does the survey match the position? Assess duties, occupation, required skills and experience rather than relying solely on job title.
• Does it cover the appropriate labor market? Determine whether the geographic scope corresponds to the area of intended employment.
• Is the data current? Confirm when the survey was published and when the underlying information was collected.
• Is the methodology credible and defensible? Determine whether the provider supplies enough information about the sample and statistical methodology. Consider whether the employer could explain and document its use of the data if questioned by DOL or another government agency.
• Is the statistical measure appropriate? Confirm whether the survey reports a mean, weighted average, median or another measure and whether that measure satisfies the applicable requirements.
• Does it fit the specific work visa program? For example, H-1B and PERM requirements overlap in some respects but are not interchangeable.

Although the DOL’s proposed rule will retain private surveys in “limited circumstances” because the approach “preserves employer flexibility, mitigates potential adverse impacts on businesses operating in specialized labor markets and balances reliance interests with the statutory mandate to protect U.S. workers,” employers should factor in the above guidance in anticipation of forthcoming regulatory change and take the following proactive steps in advance of the final rule:

• Assess timeline considerations for filing prevailing wage determinations
• Align internal stakeholders to address potential changes
• Address shifting eligibility standards with recruiters and hiring managers
• Reevaluate early career sponsorship and pipeline planning

For more specific guidance on the impact of this regulatory change on your workforce, contact our team of immigration experts.

Frequently Asked Questions

What is an alternative wage survey in immigration?

An alternative wage survey is nongovernment wage data that an employer may use, where permitted, instead of standard OEWS wage data to establish a prevailing wage. Depending on the immigration program, the source may be an independent authoritative survey, another legitimate source of wage information or employer-provided wage data that meets applicable requirements.

What is the difference between OEWS data and a private wage survey?

OEWS is government wage data that DOL commonly uses in prevailing wage determinations. A private survey is developed outside the government’s standard OEWS system and may provide a different occupational population, geographic scope or methodology. A private survey is not automatically acceptable for immigration purposes simply because it is widely used for compensation benchmarking.

Can employers use a private wage survey for H-1B petitions?

Yes, in appropriate circumstances. H-1B regulations allow employers to use an independent authoritative source or another legitimate source of wage data instead of an NPC determination, provided the applicable requirements are satisfied.

Can a private wage survey be used for PERM labor certification?

Yes. An employer may submit qualifying employer-provided wage information to the NPC as part of the prevailing wage determination process. The employer must provide sufficient information about the survey’s methodology and data for DOL to assess its acceptability.

What does “statistically supported” mean for a wage survey?

No single metric automatically establishes that a survey is statistically adequate. DOL may examine factors such as sample size and source, how the sample was selected, job descriptions and the methodology used to calculate wages.

How recent must a wage survey be to be accepted?

Requirements depend on the immigration program and wage source. For PERM, a published survey generally must be published within 24 months of submission, be the most current edition and rely on data collected within 24 months of publication. Employer-conducted surveys must be based on data collected within 24 months of submission. H-1B regulations contain similar recency requirements for independent authoritative surveys, while another legitimate source must rely on the most recent and accurate information available.

Do I need DOL approval before using a survey on an LCA?

Not necessarily. H-1B regulations do not require employers in every case to obtain an NPC prevailing wage determination before filing an LCA. Employers may rely on other permitted wage sources, but they remain responsible for determining and paying the required wage and maintaining supporting documentation.

Does using an alternative survey increase the risk of an audit?

Using an alternative survey does not by itself establish that an employer will be audited. It can, however, require the employer to substantiate the wage source if the methodology or prevailing wage is questioned. For certain H-1B alternative wage sources, the regulations expressly place responsibility on the employer to demonstrate the legitimacy of the wage in an investigation.

What happens if DOL rejects my wage survey?

For PERM prevailing wage requests, the NPC will notify the employer if an employer-provided survey is unacceptable and explain the reasons. Depending on the circumstances, the employer may submit supplemental information, file a new prevailing wage determination request or appeal.

How does wage-weighted H-1B selection affect the use of private surveys?

Wage-related policy changes can make prevailing wage strategy more consequential to H-1B sponsorship. Separately, DOL’s March 2026 proposal would substantially raise OEWS wage levels while continuing to permit qualifying private surveys. Employers should evaluate the rules governing both prevailing wage compliance and H-1B selection rather than assuming that use of a particular survey produces the same result for each purpose.

Can an employer commission its own wage survey?

Potentially. For PERM, the regulations expressly contemplate a survey conducted by an employer, but it must meet applicable requirements. Among other requirements, the underlying data must have been collected within 24 months before submission to the NPC, and the employer must provide sufficient methodological information for DOL to evaluate the survey. [law.cornell.edu]

Can an employer switch from OEWS to a private survey on an extension or amendment?

Potentially, but the appropriate wage source must be evaluated for the specific filing and applicable LCA or prevailing wage requirements. For H-1B workers, the wage obligation is tied to the LCA supporting the worker’s petition. A subsequent LCA may have a different prevailing wage determination, but it does not retroactively update the prevailing wage on an earlier LCA.

Who is responsible if the prevailing wage is wrong?

The sponsoring employer bears responsibility for complying with applicable wage obligations. For H-1B cases, the employer attests to paying the required wage and must maintain documentation supporting that obligation.

Where can I find current OEWS prevailing wage data?

Employers can access prevailing wage information and related resources through DOL’s Office of Foreign Labor Certification and its FLAG system. Because wage data, guidance and regulations may change, employers should confirm the current source and requirements when preparing a filing.

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