For employers sponsoring foreign workers through the EB-3 “Other Workers” category, one of the most important steps in the employment-based green card process happens before the PERM labor certification is filed: determining the correct prevailing wage. 

At first glance, an “unskilled” or “other worker” position may seem straightforward. Jobs such as food service workers, housekeeping workers, laborers, cleaners, caregivers, and certain entry-level service positions may not require advanced education or extensive experience. But that does not mean the wage determination process is simple. 

The U.S. Department of Labor (DOL) must determine what workers in a comparable occupation are paid in the relevant geographic area, while also considering the actual duties and minimum requirements of the sponsored position. For employers, getting this analysis wrong can create delays, recruitment problems, or even jeopardize the PERM process. 

Here is what employers and foreign workers should understand.

The EB-3 employment-based immigrant category includes three broad groups: skilled workers, professionals, and other workers. “Other workers” generally refers to positions requiring less than two years of training or experience, rather than jobs requiring the more substantial qualifications associated with skilled-worker positions.

 
The fact that a position is classified as an “Other Worker” does not eliminate the DOL's labor certification requirements. The employer must still establish a permanent, full-time job opportunity and demonstrate through the PERM process that there are not sufficient U.S. workers who are able, willing, qualified, and available for the position, and that employing the foreign worker will not adversely affect similarly employed U.S. workers. 

That makes the prevailing wage a critical part of the process. 

 
The DOL explains that the prevailing wage is the wage paid to similarly employed workers in a specific occupation in the area of intended employment. For PERM cases, the employer generally must obtain a prevailing wage determination (PWD) from the DOL's National Prevailing Wage Center (NPWC) before filing the PERM application. 

This requirement exists because the labor certification system is designed to protect U.S. workers. The Immigration and Nationality Act requires that hiring a foreign worker not adversely affect the wages and working conditions of U.S. workers who are comparably employed. 

In other words, “unskilled” does not mean “low wage.” The wage must still satisfy the DOL's prevailing-wage requirements for the particular occupation and location. 

 
For example, suppose an employer wants to sponsor a restaurant worker. The position may involve:

 
        • Preparing basic food items
        • Cleaning kitchen equipment
        • Maintaining work areas
        • Assisting cooks
        • Stocking supplies
        • Performing routine food-service duties 

The employer should not simply select a job title and assume that the DOL will automatically accept it. The actual duties and requirements help determine the appropriate occupational classification. 

A mismatch between the advertised job and the occupational classification can create significant problems later. 

 
The SOC system provides a standardized framework for categorizing occupations. The DOL also uses occupational information from sources such as O*NET, which describes job tasks, skills, knowledge, abilities, and other characteristics associated with occupations. 

This is especially important for Other Worker positions because seemingly similar jobs may fall under different occupational classifications. 

Consider two positions: 

General Laborer 

The worker performs basic physical tasks, moves materials, cleans work areas, and assists other employees. 

Food Preparation Worker 

The worker prepares ingredients, portions food, cleans food preparation areas, and assists with basic kitchen operations.
Both positions may be considered relatively entry-level, but they can correspond to different occupational classifications and therefore different wage data. 

The DOL does not determine the prevailing wage simply by asking whether a position is “skilled” or “unskilled.” It looks at the occupation, duties, requirements, and geographic area. 

The location of the job is another major factor. 

The prevailing wage is tied to the area of intended employment. Consequently, the same Other Worker position can have different prevailing wage requirements depending on where the worker will actually be employed. 

A housekeeping position in New York City, for example, cannot necessarily be assigned the same wage as an identical position in a rural area of another state. 

The DOL's wage system uses geographic wage areas, including metropolitan and non-metropolitan areas. If sufficient data is unavailable for the desired geographic area, the wage system may use contiguous areas, statewide data, or, in certain circumstances, national data. 

This geographic component is one reason employers should carefully identify the primary worksite when preparing the PWD request. 

The DOL's current wage methodology for PERM considers the employer's job opportunity and its requirements when establishing the wage. DOL materials explain that the NPWC examines the nature of the job offer, geographic area, and job duties, while using the SOC framework and occupational information to classify the position. 

For a typical Other Worker position, the requirements might include:

 
         • No formal education
         • No prior experience
         • Short-term on-the-job training
         • Basic physical abilities
         • Ability to perform specified routine tasks 

However, if an employer requires additional education, experience, special skills, licenses, or unusual job requirements, those facts may affect how the position is analyzed. 

Therefore, employers should avoid adding unnecessary requirements simply to make the position appear more qualified. At the same time, employers must not omit genuine minimum requirements. 

The job description should be accurate, consistent, and defensible.

 
The DOL explains that OEWS wage data is organized by SOC occupation and geographic area and is used in the foreign labor certification process. 

The prevailing wage process may also involve other legitimate wage sources in appropriate circumstances. The DOL's regulatory framework recognizes sources such as collective bargaining agreements and certain authoritative wage surveys, depending on the circumstances.

For employers sponsoring an Other Worker, the key point is that the prevailing wage is not simply the wage the employer would prefer to pay. It must be supported by an appropriate DOL-recognized methodology. 

 
The EB-3 “Other Worker” classification describes the immigration category and qualification level. It does not by itself establish the prevailing wage. 

The DOL's wage determination is connected to the occupational classification, geographic area, job duties, and requirements of the position. 

Therefore, two Other Worker positions can have different prevailing wages. 

For example, an entry-level cleaning position in one metropolitan area may have a different prevailing wage from a basic food-service position in another metropolitan area. Even within the same general geographic region, different occupations can produce different wage results. 

 
The DOL describes the prevailing wage as effectively serving as a wage floor for PERM recruitment and filing. The employer must attest that the offered wage meets the prevailing wage requirement and must pay at least the applicable wage when the sponsored worker begins employment. 

This is why the PWD should be treated as more than an administrative form.
It can affect: 

Recruitment: The wage advertised during PERM recruitment must meet the applicable requirements. 

PERM filing: The employer must have a valid PWD before filing the PERM application. 

Budgeting: The employer should understand the potential wage obligation before committing to sponsorship. 

Compliance: The employer must be prepared to pay the required wage when the worker begins the sponsored employment. 

For example, problems can arise when an employer:

 
         • Uses an incorrect SOC classification
         • Provides an inaccurate job description
         • Misstates the minimum requirements
         • Uses the wrong worksite location
         • Advertises a wage below the required amount
         • Allows the PWD to expire before taking the required action
         • Treats the job as “unskilled” without analyzing the actual occupation 

A seemingly small error at the beginning of the process can become much more expensive later. 

 
In March 2026, the DOL announced a proposed rule concerning prevailing wage methodology for certain visa programs, including PERM. The proposal seeks to strengthen the relationship between prevailing wages and wages paid to U.S. workers with similar skills and qualifications. Because it was proposed rather than necessarily representing the final rules applicable to every case, employers should verify the rules in effect when preparing a particular PERM case. 

This is another reason why employers should avoid relying on old wage figures or outdated assumptions. 

 
For an EB-3 Other Worker case, the employer should carefully review: 

        1. The actual job duties
        2. The minimum education and experience requirements
        3. The appropriate SOC classification
        4. The area of intended employment
        5. The applicable wage data
        6. The PWD validity period
        7. The wage that will be used in PERM recruitment
        8. Consistency between the PWD, recruitment, PERM application, and future employment

 
Professional legal guidance can be particularly valuable when a position has unusual duties, multiple worksites, specialized requirements, or an uncertain occupational classification. 

For an EB-3 Other Worker case, “unskilled” does not mean that the prevailing wage is automatically low or that the employer can choose any reasonable wage. 

The DOL looks at the actual occupation, job duties, minimum requirements, geographic area, and applicable wage data when determining the prevailing wage. Employers must then use that determination appropriately throughout the PERM process. 

A carefully prepared prevailing wage analysis can help an employer avoid preventable delays and build a more consistent PERM strategy. For foreign workers, understanding this process can also provide valuable insight into why the employer's job offer and immigration case must meet specific wage requirements. 

Thinking about sponsoring an EB-3 Other Worker? Before beginning recruitment, make sure the position has been properly classified and the prevailing wage strategy has been carefully reviewed. A mistake at this early stage can affect the entire PERM process.