Could I just a different job title to apply for prevailing wage

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CinderellaII

Registered Users (C)
I applied for a prevailing wage after my job ad was posted on several places. Based on the title I used in the ad, the PW I got was way high. So my lawyer used another title to get a lower wage. However, the title she used in the application was not the same as the one in my ad. She said it's a future title and wouldn't affect my application at all, and I doubt it.

Could anyone with similar experience tell me if this is going to be problem? Thanks!
 
Did you submit 2 PWD requests? You are saying that PWD was way too high. And then they changed the title to get a lower PWD. Did they get the lower PWD?

Well, my understanding is the title of the job offer must match the title you give to SWA for the PWD. It must also match the title used in the ads. However, title has nothing to do with what the occupational title and code is. And this actually determines your PWD, not the title of the job. To make it simple, the company can request 2 different PWD with the same job title but 2 different occupational title. Of course, the job descriptions must be different as well.

What exactly is your situation?
 
My lawyer requested two PWD requests for me already. The title she put in"Job Title of Position Offered" in the second request is different than my current title, but with that title she was able to get a much lower wage. She said it really doesn't matter. However, to get my employer sign for this title is one thing I am worried about. Also I am afraid if my case is picked for audit, it will cause problem since the title doesn't match what's in my ad.
 
Once again what is the opportunity code and title in the PWD request form? Was it differerent for the 2 title? This is what matters, not the job title itself.
 
Sorry for not being more specific - my actual title is application specialist, and this is also in my ad. My lawyer used IT support specialist to request the PWD, and the occupational title assigned by SWA is computer support specialist. The code is 15-1041. Please tell me it's not going to be a problem!
 
OK, first of all I understand that the attorney submitted 2 PWDs, with 2 different job titles. However, were the occupational titles and codes different? Just because a title is different would not make any difference in the wage. There must be other differences, e.g. in the occupational title and code, in the job description itself. Can you make sure what other differences there are? And please see it yourself, do not trust the attorney telling you so.

Another thing which bothers me is the job zone for 15-1041 and this is only 3 and does not require you to have any education. What are your qualifications? Anyway, with code 15-1041 you can only do EB3 which is in retrogression.

Please supply more information as requested above, and I will be able to give you my opinion which of course is not the opinion of an attorney.
 
The job descriptions are the same in the two PWDs. The occupational title and codes are different. The first one is 151031, with skill level 2. The second one is 151041, Computer Support specialist, with skill level 3. I just noticed that there is no title in the first PWD. On the field of the occupational title, it's an expiration date.

I have a master degree, and my job does require master degree. That's what we put in the ad, too.
 
OK, now it seems more clear. The first one with code 151031 has a higher SVP and of course the wage will be higher. With 151031 you can require Masters, although still it will be higher than normally required for this job title, and you will have to be prepared to prove business necessity.

As far as 151041 is concerned, this is only Zob Zone 3 with SVP 6>7 and what most occupations require here is associate's degree. Some require Bachelors, but that's it. It will be extremely hard to involve Masters, prove necessity, and later request EB2.

My personal advice (I am not an attorney) is go with 151031 regardless of wage being higher. This will also match your advertizing, right? The issue at hand will be can employer show ability to pay on the higher wage at the later stage? That is the only concern. Why does your attorney want a lower wage. You have masters, and you have to fight for it.
 
I really appreciate your opinion! The prevailing wage I got from 151031 is much higher than my current salary, and my employer doesn't want to sign on any legal document with such a high wage even though I explained to them that this is a future salary and they really don't have to pay me this salary under any condition. That's why my lawyer had to fight to get a lower salary. So I am kind of stuck here.
 
CinderellaII said:
I really appreciate your opinion! The prevailing wage I got from 151031 is much higher than my current salary, and my employer doesn't want to sign on any legal document with such a high wage even though I explained to them that this is a future salary and they really don't have to pay me this salary under any condition. That's why my lawyer had to fight to get a lower salary. So I am kind of stuck here.
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15-1021 looks like a best bet in your case, get the third PWD, keep the title same as your advertisement and use 15-1021, your employer should be fine with 15-1021 level II.
 
It's still much higher than my current wage, I am sorry to tell you. I passed the opinions from you guys to my lawyer. She keeps saying 151041 wouldn't be a problem for me. She said most jobs of computer area don't require master but most of them get approved with MS.
 
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