| Q. |
Prevailing wage in PERM application
The prevailing wage in the PERM application is 45% more than my current salary. The PERM is pending (filed 5/15/08) Is the company required to pay me this salary now? If not, when? At the time the LC has been adjudicated? Or at the time the GC is issued? Can I ask my company to pay me this salary now? I feel I am underpaid since I am tied to the company (H1-b on 8th extension year). Is this a case of H1-b discrimination?
User's Location:
Houston, Texas, United States of America
Category:
Employment-based Green Card
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| A. |
Thank you for your message. The company does not have to pay you the prevailing wage until the date of the approval of your application for adjustment of status (I-485). Depending on your visa category, this may be up to several years from now so technically the fact that the prevailing wage in your PERM application is substantially higher than your current job does not entitle you to this salary now.
It is often the case that the job occupation used for the PERM is slightly different than the current job (based on employer's future labor requirements) so that it is possible that not only the salary for the future job is different, but also the duties and/or the title may differ.
Since 45% is a significant difference, I would make sure that your current salary is above the prevailing wage so that your H-1B visa is in compliance. Then, I would compare the occupation listed on your H-1B visa and the occupation on your PERM, and if they are substantially similar, I would make the case to the employer to receive a higher salary. But again, since the PERM prevailing wage is for a future job, the employer may be able to justify that the future job salary should be higher in many ways (inflation, increased responsibility, different job nature, etc.)
You may be right that since you are in your 8th year H-1B, the company is using this as a leverage to offer you a low current salary. But short of paying you lower than the prevailing wage for your H-1B occupation, it does not sound like they are doing anything illegal. I will need more facts and information to determine whether your H-1B status is in danger based on possibly low salary.
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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