Lower than prevailing wage and naturalization.

M

Maverick_MD

Registered Users (C)
Hello all,

I am new to this forum, I have a question, I received my GC one year ago employment based, EB2

I worked for my sponsoring employer 10 months total, 4 months after the
I-485 approval and during those months I received may be 1/6 of the prevailing wage that have been submitted in LC (for conspiracy theory lovers NO we did not arrange that...it was completely unilateral from the employer side and he knew I will not file a complaint as this may jeoprodize my green card process.)

Now I am getting married to a US citizen so I will be eligible to apply for citizenship after 3 years

my question is as I furnish my tax return during naturalization.. would lower wage have a negative impact on my naturalization process? is there anything I can do to remedy this?

My understanding is that despite the naturalization application is marriage based, but they will still examine the basis upon which the green card was granted,

Thank you guys very much for your help
 
1/6 of the prevailing wage? As in you only made $10,000 when the prevailing wage was $60,000? If it's that bad, you should see a labor lawyer and immigration lawyer to sue for back wages. They probably violated both DOL regulations and immigration law.

Or did you mean 1/6 less than the prevailing wage?
 
USCIS doesn't care at all about wages as far as N-400 goes. All they care is that you obtained your GC legitimately, pay your taxes on time, and are a person of good moral character.
 
yes 1/6 of the wage

Thank you guys, Yes I was paid 1/6 of my wage, my understanding suing him will backfire and will raise questions about my green card.
 
Maverick_MD said:
my question is as I furnish my tax return during naturalization.. would lower wage have a negative impact on my naturalization process? is there anything I can do to remedy this?
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Wait until 6 or more years after GC approval to apply for citizenship, so you can avoid including the returns on that low-paying job.

Unless you are in an industry job known for a very variable pay range (for example, some doctors make $80K and others make 6X as much), 1/6 of the prevailing wage makes it look like you were not even in the specified job. An engineer making $12K or an accountant making $9K does not look credible. Neither does a high school teacher making $300K. They don't bother people about making 20% less than the prevailing wage, but I would expect them to probe you over wages that are incredibly out of the range (whether too low or too high) for the type of job you claimed you have/had.
 
You are likely to be probed if they know about the low wage. It's not so much about the low wage per se, it's about the appearance of being inconsistent with the stated job for which the green card was obtained.

While it is possible that they can ask about anything at the interview, you are not required to provide employment details up front for more than 5 years immediately prior to applying for citizenship. So if you don't want that low-paying job to be listed on the application, or to have to provide any income details for the year(s) at that job, wait until 6 years post-GC to apply.
 
Could USCIS investigate? Sure - they can probe anything surrounding the issuance of the original GC.

Are they likely to? No, not unless something specifically brings this to their attention.
 
boatbod said:
Could USCIS investigate? Sure - they can probe anything surrounding the issuance of the original GC.

Are they likely to? No, not unless something specifically brings this to their attention.
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A W-2, tax return, or other document showing some low value like $12K would bring it to their attention.
 
Jackolantern said:
A W-2, tax return, or other document showing some low value like $12K would bring it to their attention.
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Maybe - but unless you give them a W-2 or 1040, they aren't going to have that information in front of them. Nothing in the N-400 rules says to HAVE to give a tax return unless you are specifically asked for one (as supporting evidence) during the interview.

I'm not saying this wage thing isn't a problem, just that in my opinion I don't think its a particularly significant.
 
Maverick_MD said:
Thank you guys, Yes I was paid 1/6 of my wage, my understanding suing him will backfire and will raise questions about my green card.
Click to expand...
Sue them. When all the various companies that got sued for not paying the prevailing wage to their H-1B employees, they didn't terminate the employees' visas; they fine the employer and made them pay back wages.

You were hired to do a certain job, and if you did the job you have done your part. If the employer didn't pay you what they were supposed to, it's the employer who would be in trouble, not you.

If questioned about the extremely low pay, I think you would be in a better position if you can say "yes, I was paid only $12K, but I sued and the lawsuit is still pending." But simply accepting $12K without a fight makes it seem like you weren't doing the specified job. Talk to a law firm like the one handling the Tata case and see what they can do for you.
 
Maverick_MD said:
Hello all,

I am new to this forum, I have a question, I received my GC one year ago employment based, EB2

I worked for my sponsoring employer 10 months total, 4 months after the
I-485 approval and during those months I received may be 1/6 of the prevailing wage that have been submitted in LC (for conspiracy theory lovers NO we did not arrange that...it was completely unilateral from the employer side and he knew I will not file a complaint as this may jeoprodize my green card process.)

Now I am getting married to a US citizen so I will be eligible to apply for citizenship after 3 years

my question is as I furnish my tax return during naturalization.. would lower wage have a negative impact on my naturalization process? is there anything I can do to remedy this?

My understanding is that despite the naturalization application is marriage based, but they will still examine the basis upon which the green card was granted,

Thank you guys very much for your help
Click to expand...

You got GC through employer and after I-485 approval you worked only for 4 months with the employer.

You received may be 1/6 of the prevailing wage that was submitted in LC.
normally at the time of citizenship interview they don’t ask for wages but they CAN ask for any document. The officer will be having your full I-485 file before him.
Best option is to apply for citizenship AFTER you complete 5 years from the date of your GC approval date. You can send application After 5 years 5-10 days as the citizenship application only ask info of 5 years history.
If you want to recover past wages you can send complaint to DOL.
 
ginnu said:
You got GC through employer and after I-485 approval you worked only for 4 months with the employer.
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In this case there was a very good reason for leaving the employer.
Best option is to apply for citizenship AFTER you complete 5 years from the date of your GC approval date.
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Preferably 5 years after leaving the thieving employer, so the employer won't have to be listed on the form.
 
Jackolantern said:
In this case there was a very good reason for leaving the employer.

-----------------------------------------better he should have DOL complaint copy to recover the wages or any evidence that he asked for the full agreed wages and reply from employer that they cant pay or the reason for the less pay. Evidence can be copy of letter he sent to employer,faxed letter, email




Preferably 5 years after leaving the thieving employer, so the employer won't have to be listed on the form.
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