Prevailing Wage after 485 approval

K

kabaayegagc

Registered Users (C)
Hi folks -

I had an after 485 approval question for all of you especially those who utilized PERM for their labor certifications. I got my 485 approval a month and a half back.

During the labor/I-140 phase, I was getting paid ~ 89% of the prevailing wage mentioned on the PERM LC. Lawyer said that its no problem and company only has to pay 100% of prevailing wage AFTER 485 approval. Fortunately there were no RFEs at all at any stage.

My current salary is ~94% of prevailing wage mentioned on LC.

1) Will that cause any problems for future naturalization ? (N-400). I understand that with PERM, one must get paid 100% or more than prevailing wage as part of the job offer.

2) Can i ask my employer for a pay raise ? Purely on legal grounds, they are required to pay me 100% of prevailing wage, aren't they ?

Gurs, please suggest the best way to approach the above.

Thanks!
 
kabaayegagc said:
Hi folks -

I had an after 485 approval question for all of you especially those who utilized PERM for their labor certifications. I got my 485 approval a month and a half back.

During the labor/I-140 phase, I was getting paid ~ 89% of the prevailing wage mentioned on the PERM LC. Lawyer said that its no problem and company only has to pay 100% of prevailing wage AFTER 485 approval. Fortunately there were no RFEs at all at any stage.

My current salary is ~94% of prevailing wage mentioned on LC.

1) Will that cause any problems for future naturalization ? (N-400). I understand that with PERM, one must get paid 100% or more than prevailing wage as part of the job offer.

2) Can i ask my employer for a pay raise ? Purely on legal grounds, they are required to pay me 100% of prevailing wage, aren't they ?

Gurs, please suggest the best way to approach the above.

Thanks!
Click to expand...

After getting GC and/or citizen, no prevailing wage any more. You may work for free if you want according to the market.
 
mmed said:
After getting GC and/or citizen, no prevailing wage any more. You may work for free if you want according to the market.
Click to expand...

In an employer-sponsored case, the employer is expected to pay the prevailing wage upon permanent residency. If one is not being paid the prevailing wage USCIS may question the legitimacy of the job offer.
 
Current salary lower than the prevailing wage. Job title is different too

my husband's employer didn't give us a copy of the labor certification. hence, we dont know his prevailing wage. my husband's gc was approved few months back. now, i am scheduled for an interview and worried that once we show the employment letter, the current salary is actually lower than the prevailing wage.

what should we do?

Any advice? Please?

Thanks!
 
eldrick said:
TheRealCanadian,

can you please help with my problem? thanks a lot
Click to expand...

After being a GC hoder, unlike H visa, there is no minimum wage just because you have GC. If you accept the offer will and good, if not just do not work that job and look for another one.
 
Eldrick,

I assume you are the secondary beneficiary to your husbands 485. You have NO salary requirments. You should be safe from enquiries about your husbands salary...

Best of luck!
 
RunninSloth and mmed

:)

Thanks a lot for the reply.
But as a follow-up question, what if my salary for the latest W2 submitted during the I-485 application was less than the salary specified in my H1 labor? (I read somewhere that I might be out of status because of this.)
Will this cause me a problem during the interview? Please advice on how this case can be handled.

Thanks once again guys!
 
eldrick said:
:)

Thanks a lot for the reply.
But as a follow-up question, what if my salary for the latest W2 submitted during the I-485 application was less than the salary specified in my H1 labor? (I read somewhere that I might be out of status because of this.)
Will this cause me a problem during the interview? Please advice on how this case can be handled.

Thanks once again guys!
Click to expand...

In the interview for citizen what matter is your work in the last 5 years, which is the time after (not before) getting GC. Forget what was in the labor or anything else which for sure will be more than 5 years old. And, I mentioned in the above reply, no requirement for minimum salary just because you have GC.
 
Hi mmed,

Sorry for the confusion. But, my interview is for adjustment of status (not for citizenship). Will it be a problem if my W2 salary was lower than the one specified in my H1 labor?

Mu husband is the one who has an approved GC. But, his current salary is also less than what was specified in his labor cert.

So, basically both of us are having salary issues. His case is for labor cert and mine is for LCA. Just want to be prepared if in case we are asked during my GC interview.

Thanks again.
 
Last edited by a moderator:
You are not the one who will be penalized for being paid too little. If you have an H1 and the employer is paying you less than the LCA, you can sue them for back wages.
 
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