For employers and foreign nationals navigating the PERM labor certification process, clarity around prevailing wage levels is essential. One key but often misunderstood factor in wage level assessments is the role of job-related travel. Recent insights from the Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) provide valuable guidance on how disclosed travel requirements may impact a Prevailing Wage Determination (PWD s).
How Travel Impacts Wage Level Points in a PWD s
The DOL uses a tiered system to determine prevailing wage levels. When an employer discloses travel in Form ETA-9141, the OFLC evaluates whether the travel goes beyond what is considered “normal” for the occupation as listed in the O*NET system. If so, it may assign one additional wage level point under Step 4 (“Special Skills and Other Requirements”).
According to a 2013 OFLC FAQ—still relied upon today—incidental travel such as attending professional development events or local meetings typically does not justify a wage level increase. However, travel that is essential to the position’s job duties, particularly if it is frequent or extends beyond the local metro area, is seen as a special skill.
Key Evaluation Factors
Employers should be precise when disclosing travel requirements to avoid unintended wage level increases. OFLC looks at:
- Frequency of travel: Monthly, weekly, or otherwise. Percentages are preferred but not mandatory.
- Geographic scope: Local, national, or international.
- Purpose: Business meetings, client service, or training.
Vague phrases such as “some travel required” or “may travel” are discouraged and can result in an added wage level point by default.
OFLC has also clarified that only one point is added for travel unless relocation is a separate job requirement, in which case a second point may be assessed.
Supporting Analysis
from 20 CFR §655.715
Although 20 CFR §655.715 is written for Labor Condition Applications (LCAs), its definition of “place of employment” offers a valuable analogy. Short-term travel for training or professional development does not affect the permanent work location—and similarly, does not justify a wage level increase unless it deviates significantly from what’s expected in the occupation.
This interpretation reinforces the notion that incidental travel is normal, and only consistent, location-altering travel should be flagged as a special skill.
Practical Examples
OFLC has shared the following examples:
- A house painter working locally would not trigger a wage level increase, but if required to travel nationally, one point would be added.
- A physician rotating weekly between clinics in different cities would receive one additional point.
- A software engineer attending a few conferences a year would not see a wage level increase.
- A project manager required to relocate after a year, in addition to travel, could have two points added.
Best Practices for Employers
- Clearly define travel in ETA Form 9141 with frequency, scope, and purpose.
- Avoid boilerplate language and ensure consistency with O*NET occupational norms.
- Anticipate a wage level point if travel is not typical for the role.
- Watch for relocation requirements that may trigger an additional point.
Employers and foreign nationals should also perform this evaluation when self-determining prevailing wages for LCAs (Form ETA-9035), as similar standards apply.
FAQs
1. Does all travel increase the wage level in a PWD s?
No. Only travel that is atypical for the occupation (as per O*NET) and essential to the job duties may result in an increase.
2. Can international travel alone add two wage level points?
No. OFLC generally adds only one point for travel. A second point may be added only if there is an additional requirement, such as relocation.
3. What kind of travel is considered incidental?
Travel for occasional conferences, short-term training, or meetings within the local area.
4. What if the travel requirement is vaguely stated?
OFLC tends to add a point if the language is unclear, erring on the side of caution.
5. Should employers reference 20 CFR §655.715?
Yes. It offers a useful interpretive framework even though it technically applies to LCAs, not PWDs.
For strategic guidance on labor certification and prevailing wage assessments, contact Ahluwalia Law Offices, a trusted legacy immigration firm serving foreign nationals and businesses across the United States.
