Form 9089 for EB2 - offered WAGE and prevailing WAGE

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Byteless

Registered Users (C)
I was discussion filing Form 9089 with my lawyer and she said that there is no difference using the higher salary or DOL advertise salary.

I have confusion on:

In Form 9089, under prevailing wage information. is it good to have higher salary under column F.5 ( Prevailing Wage ) for EB2?

or use DOL advertised wages and what about using higher salary in G.1 ( Offered Wage )

Thanks,
 
Personally I prefer to use the prevailing wage, mainly for the reason that the I-485 is approved, the employer has to meet the wage as stated on the petition -- AND the employer at the I-140 has to show the ability to pay the wage. So, the is the PW is offered, there is a better chance the employer will show he has the ability to pay the wage at the I-140 level, and that the wage will be able to be met at the I-485 level. This is especially a smart idea (again, in my opinion) for smaller companies where financial revenue could be an issue. However, if it's a fortune 500 company, etc., and finances are not an issue, it really doesn't matter (again, in my opinion.)

Regards.
 
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