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Will the wage offer set forth in a labor certification application be considered as meeting the prevailing wage standard if it is within five per cent of the average rate of wages?

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Will the wage offer set forth in a labor certification application be considered as meeting the prevailing wage standard if it is within five per cent of the average rate of wages?

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No, the wage offered must equal or exceed the prevailing wage. The wage must be at least 100 per cent of the prevailing wage. The five per cent deviation, permitted under the former regulation, is no longer acceptable.

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