ETA-9165 Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request
The attestation an H-2B employer files when it wants the prevailing wage set from its own survey rather than from the standard OEWS wage data. It certifies how the survey was designed and conducted.
- Fee
- $0 to the Department of Labor
- Fee waiver
- Not available
- Who files
- H-2B employers relying on an employer-provided wage survey.
- Where to file
- Online through the FLAG system with the prevailing wage request.
Usually filed with
Part of these processes
What changed in 2025 and 2026
- Employer-provided surveys are scrutinised closely and a rejected survey sends the employer back to the OEWS wage, which is usually higher.
Official page. https://flag.dol.gov/programs/H-2B. Download the form there, never from a third-party site; check the edition date and fee before filing.