My salary is LOWER than the prevail Wage given by DOL!! What can I do??

N

nr3v

New Member
I'm in the first year of my H1B renewal, that means mine will expire in Oct 2007, now with PERM process I started this year Early to do the labor certification but so far the prevailing wage determined by the DOL is too way high according to my currect salary.


I was doing some research on internet about this and there is some legal "tricks" the employer and attorney can use to get the prevailing wage lowered.

My category is in the SALES OCCUPATION as 41-4011 (sales rep,wholesale and manufacturing, technical and scientific products) according to the DOL because of the bilingual requirement the wage is 64K a year and barely make 47K. My attorney talked to the company owner and he said he can not raise my salary 17K, :( IS ANYBODY OUT THERE WITH A SITUATION LIKE MINE? DID YOU GUYS HAVE AN IDEA WHAT TO DO? HELP PLEASE! and Thanks for your comments!


Nel
 
Then in I140 states your employer must prove that he will and can have enough fund to pay for your new salary.
 
newbies said:
Then in I140 states your employer must prove that he will and can have enough fund to pay for your new salary.
Click to expand...


but even being less than the one the DOL require will I be able to file for labor certification? I mean I think he can raise it progresively but I'm sure they will never pay me 64K
 
nr3v said:
but even being less than the one the DOL require will I be able to file for labor certification? I mean I think he can raise it progresively but I'm sure they will never pay me 64K
Click to expand...

Yes you will. The difference between your actual wage and suggested wage will be an issue at I-485 approval step, but not earlier. So, relax for now.
However, you should think about a way how to get this wage in the future. May be changing the employer in 180 days after filing I-485 would be a good idea for you.
 
Last edited by a moderator:
First of all, your lawyer is not doing a good job. It is up to your employer and him to write up job description, that would lower the salary. What category are you trying to file for EB3? EB2? DOL cannot raise the salary just for knowing the second language. Lower the experience, but keep the job description brief and technical. File wage request forms as many as possible. You do not get charged for it :)
Second of all, you could find out if similar positions are paid 64K. If not, that is the basis to argue with DOL determination.

Your main goal is to come up with job description which is equal to 50K. Do not give up!
 
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