Introduction

Selecting the correct SOC code and prevailing wage for an H‑1B Labor Condition Application (LCA, ETA‑9035E) hinges on two things: mapping the job to the right O*NET‑SOC occupation and pulling the appropriate OEWS wage level for the area of intended employment. As of July 1, 2024, DOL retired FLCDataCenter; OEWS wages are now accessed via the OFLC Wage Search in the FLAG portal. The 2025–2026 wage year is 7/1/2025–6/30/2026. For more information, see the DOL OFLC Wages website.> New: Auto-populate H-1B forms from your evidence

Parley can extract biographical and job details from passports, I-94s, diplomas, and offer letters to auto-fill I-129 and I-907, deduplicate inputs across forms, and flag missing fields for review (attorney-in-the-loop). See the feature in our product updates and changelogs: June immigration workflows, July AI case management, and external coverage in Business Insider. To see it live, request a demo.

What you must confirm before you search

• Precise job duties and minimum requirements you will attest to on the LCA (not the preferred profile).

• Work location(s) and whether the role is on‑site, hybrid, or remote. “Area of intended employment” is the area within normal commuting distance of the worksite; any location within the same MSA is deemed within commuting distance, though MSA borders are not controlling. See 20 CFR 655.715 for more information.

• Employer type (ACWIA‑covered institution of higher education, related nonprofit, or nonprofit/governmental research organization) because separate ACWIA wage tabulations apply. Additional details are available on the DOL wages page and in the CRS brief on H-1B prevailing wage regulations.

Step‑by‑step: SOC code selection and prevailing wage

1) Define the job opportunity

• Draft a short description of core duties and minimum education/experience. Avoid mixing fundamentally different roles.

2) Choose the SOC code using O*NET

• Use ONET OnLine to search duties, tasks, and alternate titles; confirm the occupation’s 2018 SOC code and Job Zone/education signals. Additional information is available in the ONET overview and taxonomy background resources.

• Pick the single best‑fit occupation. If duties span multiple occupations, default to the higher‑paid one when they are genuinely combined (mirrors DOL’s PWD policy guidance practice). Refer to the 2009 PWD Guidance, Sections I–II.

3) Identify the area of intended employment

• Determine the primary worksite address. For multiple worksites, you may need multiple LCAs or a single LCA covering all worksites within the same area of intended employment. Review the definition carefully for remote/hybrid arrangements. See 20 CFR 655.715 for more information.

4) Choose your prevailing wage source

• Options for H‑1B: (a) request a PWD via ETA‑9141 from NPWC (safe harbor); (b) use OFLC’s OEWS wage via the FLAG Wage Search; or (c) use a qualifying independent wage survey. A PWD confers “safe‑harbor” if applied properly to the correct location, occupation, and level. Further details are on the DOL wages website.

• If you need a formal PWD, be sure to check current processing times separately by consulting the relevant authority.

5) Retrieve the OEWS wage in FLAG

• Go to OFLC Wage Search in FLAG and select Wage Year (e.g., 7/2025–6/2026), state/area, and the SOC you chose. Use the ACWIA tab if applicable. More general DOL wage resources are available for guidance.

6) Assign the correct wage level (I–IV)

• DOL applies four levels based on the job’s requirements relative to the occupation’s normal requirements (education, experience, special skills, supervision). Start at Level I and add points as requirements exceed entry‑level, per the 2009 PWD Guidance worksheets.

• Approximate percentile mapping used by OFLC/BLS: Level I ≈ 17th; Level II ≈ 34th; Level III ≈ 50th; Level IV ≈ 67th percentile of the wage distribution. You can find more information on this in the relevant Congressional Research Service briefs.

7) Convert and record the wage correctly

• Enter the prevailing wage on the LCA in the pay unit you will use. If part‑time, you must express the prevailing wage hourly; annual↔hourly conversions use 2,080 hours. See 20 CFR 655.731(a)(2)(vi).

8) Compare to the actual wage and choose the higher number

• You must pay the higher of the prevailing wage or the employer’s actual wage for similarly employed workers at the place of employment. Refer to 20 CFR 655.731(a).

• A wage range is allowed if the bottom of the range is at least the prevailing wage. See 20 CFR 655.731(a)(2)(v).

9) File the LCA (ETA‑9035E) and prepare the Public Access File (PAF)

• File the electronic LCA in FLAG. More details are available about the ETA‑9035E form on the DOL website.

• Within 1 business day of LCA filing, make the PAF available; include: the certified LCA, wage rate to be paid, clear explanation of the actual wage system, prevailing wage and its source, notice documentation, benefits summary, and (if applicable) corporate change statements and single‑employer lists. Additional information can be found in DOL H‑1B Advisor guidelines on Public Access Files.

10) Track annual OEWS updates and subsequent LCAs

• OEWS wage data is updated each year for LCAs filed on/after July 1. See CRS briefs on wage data and OEWS updates if needed.

• Later LCAs do not retroactively change wages on earlier certified LCAs for the same role/location; actual wage rules still apply. Refer to 69 Fed. Reg. 77326 for further discussion.

Practical tips and edge cases

• Multiple worksites: Ensure your LCA covers each area of intended employment or file separate LCAs. Review “place of employment” and non‑worksite scenarios for travel/short‑term placements. Reference 20 CFR 655.715 and DOL Fact Sheet 62J for more info.

• ACWIA employers: Use the separate ACWIA wage tables in FLAG. For additional context, consult CRS briefs.

• Independent surveys: If you rely on a survey, ensure it meets regulatory criteria (recency, methodology, area/occupation coverage) and retain documentation. See policy guidance and 20 CFR 655.731 recordkeeping requirements. Also refer to the 2009 PWD Guidance.

Worksheet schema (use this structure in your tracker)

How Parley accelerates H‑1B wage & SOC work

• Document‑led form filling: Parley analyzes exhibits to auto‑fill I‑129/G‑28/I‑907 data, deduplicates inputs across forms, and flags gaps, reducing re‑keying.

• Stronger H‑1B drafts: The editor can incorporate DOL data to support specialty‑occupation analysis and align duties with SOC/degree requirements.

• RFE response speed: Upload an RFE and original petition; Parley maps officer comments to criteria, inventories evidence, and proposes targeted additions.

• PAF and LCA operations: Parley supports electronic LCA posting links and ongoing PAF management and retention so firms can demonstrate wage source, actual‑wage system, and notice compliance.

• Security and privacy: Parley is built for professional use with modern security practices and data handling; firms can import from Drive/Dropbox and export to Word/Docs. See the Parley website for more information.

Regulatory references at a glance

• H‑1B required wage (actual vs. prevailing), pay unit/2080 rule, recordkeeping: 20 CFR 655.731

• Definitions: area/place of employment, specialty occupation pointers: 20 CFR 655.715

• DOL prevailing wage resources and Wage Search pointer: DOL Wages hub

• OEWS wage year files and updates: See official DOL guidance or announcements

• FLCDataCenter discontinued; use FLAG wage search as directed by DOL

• Public Access File contents (what must be available within 1 business day): DOL H‑1B Advisor

• Wage‑level methodology and worksheets: 2009 PWD Guidance

• Approximate percentile mapping of Levels I–IV and ACWIA notes: Consult Congressional Research Service summaries or similar resources.