DOL - Wage offer, below prevailing wages - Query

K

kshathrya

Registered Users (C)
Hi All,
I received a query saying that the wage offer, is below the prevailing wage Unit's determined.

The amount in my ETA form is say X. DOL has said that the prevailing wage for the position is (X+20K)

1. My Lawyer advices me to ask the company to issue a amendment, stating that they will give (X+20K) as my salary. Infact, that amount goes into my ETA form itself and they have to sign the form. My lawyer, says, if you want to move the case faster, it is better to accept the prevailing wage, that is suggensted by DOL.
2. One friend of mine, had this issue and I guess his lawyer, sent some papers, saying that the market is bad. The average prevaikling wage is this, and all that and made it to the fed-labor from state.
3. Now what's the best approach to this issue?
4. What are the alternate options?
5. If the company says, we will pat the (X+20K), at what stage, will they have to pay: @485 stage or after getting GC in hand?
6. When do we submit tax forms and w2 forms in the process? will INS, look into the salary in there and ask us, why its still the old salary?
7. Any other issues related to this?
8. (X) -> (X+20K) is a huge jump. Even if the employer genuinely accepts it, will DOL think that there is something fishy?

Too many q. But, please advice.
 
They have to pay that salary only after your GC is approved.

Above statement is correct but you are going to get RFE from INS regarding wages. They are going to check financial papers from company. And who knows if INS agree or not....

If possible, best approach is to increase the wages in LC application and increase salary before I-140 and send papers to INS.

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1. My Lawyer advices me to ask the company to issue a amendment, stating that they will give (X+20K) as my salary. Infact, that amount goes into my ETA form itself and they have to sign the form. My lawyer, says, if you want to move the case faster, it is better to accept the prevailing wage, that is suggensted by DOL.
Your lawyer is taking a safe position

2. One friend of mine, had this issue and I guess his lawyer, sent some papers, saying that the market is bad. The average prevaikling wage is this, and all that and made it to the fed-labor from state.
A lot of application had this issue in past and after increasing salary on LC application, usually they get LC approved. I don't know how DOL is going to act on clarification send by Attorney

3. Now what's the best approach to this issue?
increase the wages in LC application and ask employer to start paying that wage before you file I-140

4. What are the alternate options?
a) What your friend's lawyer did
b) Increase salary on LC but wait till your GC gets approved and if you are getting RFE, explain that employer will be paying stated salary once GC is approved, to INS

5. If the company says, we will pat the (X+20K), at what stage, will they have to pay: @485 stage or after getting GC in hand?
After GC is approved. But it is easier to show that company is capable of paying wages stated in LC if you have been getting that salary for last # of year's

6. When do we submit tax forms and w2 forms in the process? will INS, look into the salary in there and ask us, why its still the old salary?
I-140 Stage

7. Any other issues related to this?
This is one of the most important issue in GC based on employment after your education/skills

8. (X) -> (X+20K) is a huge jump. Even if the employer genuinely accepts it, will DOL think that there is something fishy?
I don't think so
 
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RFE?

Hi usnycus,
Thanks for your reply. I really appreciate it.

u had mentioned...

4. What are the alternate options?
a) What your friend's lawyer did
b) Increase salary on LC but wait till your GC gets approved and if you are getting RFE, explain that employer will be paying stated salary once GC is approved, to INS


What is RFE btw? I can ask the employer to pay that X+20k at the end of GC may be, but I-120 stage is too early for such a hike. How do I handle that situation?

please advice. please explain what RFE is...

tnx,
ks
 
kshathrya

RFE is issued when DOL/INS requires further evidence from employer/beneficiery regarding issues with the application. In your case, INS might suspect the ability of your employer regarding paying wages in future which is 20K above the current level. If it was 2/3 K then usually they don't object but you have a different story (20K). Your employer have to convince INS that they intend and capable of paying salary (20K higher then current level) to you as stated in LC Application.

Response you get in thread like this is usually not from the attorney. We suggest based on other's experience or what we have been told us by our attorney. If you think you have attorney who is capable and can handle your case, follow his/her advise. You can also go to other attorney for their opinion.

Talk to your attorney and evaluate all the options before you file 140/485.
 
DOes Bonus count toward this?

Hi,
Assuming they increase my salary to (X+10) and Give me a bonus for 10K, will that count toward (X+20) scenario, that DOL is expecting? My employer is saying that they can do such a thing, but are afraid of signing on the dotted line, towards commiting to a 20k raise, when my GC is approved.

Please advice.

regards,
ks
 
Re: DOes Bonus count toward this?

Nope. Bonus is NOT considered towards your salary determination for the pupose of GC.


Originally posted by kshathrya
Hi,
Assuming they increase my salary to (X+10) and Give me a bonus for 10K, will that count toward (X+20) scenario, that DOL is expecting? My employer is saying that they can do such a thing, but are afraid of signing on the dotted line, towards commiting to a 20k raise, when my GC is approved.

Please advice.

regards,
ks
Click to expand...
 
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bonus?

hi guys,
but, if we are submitting w2 to ins, since the bonus is included in the final amt, the amt will look like (X+20). so how does that really matter.

the reason i am asking this is cos, my lawyer says, there is no problem in that and that bonus will be countet, so don bother.

please advice.
 
kshathrya

If bonus is cash amount and included in gross (in W-2), it should be allright. Bonus could create a problem if it is an Option or Stock.
 
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