CSC Updates -Gurus: What does this mean.

[saching_usa]

http://www.immigration.com/newsletter1/csc051503.html

If a person recieves a salary less than what is specified in Labor cert. does that create a problem. Or if someone shifts to a new company using AC-21 .. is it fine if the new employer pays him just the current prevailing wage .. Can someone help to interpret what BCIS mean from this statement below ..

Can someone throw a light on what this exactly means... ?

DIVISION I (I-131, I-140, I-485, I-526, and I-529)

Payment of Salary Offered on I-140: Members report receiving RFEs and NOIDs on the ground that the beneficiary is not currently receiving the wage stated on the underlying labor certification. The law requires only that the beneficiary be paid the salary offered on the labor certification at the time the I-485 is approved. Please confirm that these RFEs and NOIDs reflect a training issue.

No, this is not a training issue. It is proper for the CSC to continue to RFE such cases. If the beneficiary is not receiving the prevailing wage it could be an indication that the employer does not have the ability to pay the wage that was certified on the ETA-750. A denial will not be issued unless the response to the RFE is insufficient or the case is abandoned.

Supporting information can be found in the following:
Immigration and Nationality Act 212(a)(5)(A)(I)
Title 20, Code of Federal Regulations § 656
Title 8, Code of Federal Regulations §204.5(g)(2)

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[140_takes_4ever]

What don't you understand? It is a pretty clear cut guidance

A denial will not be issued unless the response to the RFE is insufficient or the case is abandoned.

Just reply to the RFE appropriately if you are making less than labour salary and you should be okay!

Check some of BitterMan's posts. This was again a big discussion just a few days ago!