Prevailing wage for the H-2B program is based on the highest of the following:
- Wages established under an agreed-upon collective bargaining agreement
- Wage rate established under the Davis-Bacon Act (DBA) or the McNamara O’Hara Service Contract Act (SCA) for that occupation in the area of intended employment
- Arithmetic mean wage rate established by the Occupational Employment Statistics (OES) wage survey for that occupation in the area of intended employment
The Wage Rule also permits the use of private wage surveys in very limited circumstances.