The current income rate is distincted as average income paid to same employed workers in requested profession in area of proposed job.
This rate of income is normally received by getting in touch with Agency of State Workforce (SWA) having jurisdiction over geographical areas of intended job or from other legal sources of data, like online income.
The Act of Nationality and Immigration (INA) needs that the recruitment of overseas employee would not adversely impact the incomes and conditions of job of US employees doing job in the profession in area of proposed employment.
To obey with the decree, the regulation of the Department needs the income offered to overseas employee should be prevailing income for occupational classification in the area of job.
The need of paying prevailing incomes, as a least, is true of most job based visa program that involves labor department.
Moreover, the H-1B, H-1B1 and E-3 programs needs an employer for paying prevailing income or actual income paid by employer to employees with same skills and qualifications, whichever is superior.
The classification of standard Occupations is utilized by the OES program for classifying the occupational income data.
The SOC offers a common language for categorizing jobs and serves as framework for data gathered through occupational data network of labor department.
The O NET offers data on skills, knowledge, abilities, work activities and tasks linked with occupations of SOC.
In order to qualify as legal income survey, it should meet up following strategy:
Pursuant to job, training admin prevailing income determination policy guidance, programs of non agricultural, revised 9th May 2005. Page no.16 and Appendix F and department rules at 20 Code of federal rules.
The prevailing income rate should be based on arithmetic mean of incomes for employees that are same employed in intended job area, however, if the survey offers a median income of employees same employed in intended job area and do not offer an arithmetic mean, the median income must be utilized as prevailing income.
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