Originally posted by NII
The prevailing wage is a benchmark utilized by DOL - for a variety of reasons. Prevailing wage is established in accordance with the type of occupation, the years of experience and the level of education required for that position. As always, there are pros and cons to this system. One of the advantage of this system is to create a benchmark so that employers will not abuse their authority and pay the foreign worker much less than the market's prevailing wage. I was informed at one point by my attorney that it is alright for now that the current salary does not match the prevailing wage. However, the employer is expected to match the prevailing wage once the LCA goes through. This to me seems too good to be true, and again I do not know how the relevant authorities will be enforcing and monitoring this. I do not know and have not heard of any complications arising out of the situation whereby the employer does not want to make good out of his side of the bargain. Again, the employee probably can use this as a bargaining tool by claiming that he is underpaid because his salary is way below the average prevailing wage. This can be quite risky as times are bad and we are holding on to our jobs for dear life. Probably other members of this forum who has gone through such an experience can help. Also refer to your attorney on this matter and probably update this forum later. I am sure there are many out there with similar situation.