Prevailing Wage Query from DoL (Boston)

Z

zbcx123

Registered Users (C)
My employer (a MNC) has filed for my GC in EB2 (RIR) category with Boston R. DoL.
The regional office has sent a note back (I was told by my attorney that is not a NoF, but a plain old normal query) to my employer asking them to raise my salary from $65,000 (my original salary when Labor app was filed) to $85K (prevailing wage according to DoL)...
After a couple of raises I got since labor app was filed, my current salary is $76K..

Our company attorney is now saying that they have found a "Watson Wyatt wage survey" stating that $67K is the prevailing wage. They are planning to tell DoL that they are already paying me $76K while 67K is the prevailing wage according to the WW survey..
According to our attorney, this survey would
almost always be accepted (based on its past reputation) by the Dept. of Labor. Can I believe them?????

Have any of you come across this situation (refuting DoL's opinion about prevailing wages).. ?


Also, any idea how long does DoL take to respond to this (my employer's) response?

Thanks for your advice in advance...
 
We had a situation like this for one of my friend in our comapny. Our employer got letter from DOL regarding prevailing wage and our attorney decided to increase the salary in Job offereing and resubmitted the application. It was approved within a month.


I don't know much about "Watson Wyatt wage survey" but if employer/attorney can proof/document that prevailing wage is equal or less then what DOL is asking, chances are high of getting approval.
 
The best way is to agree with DOLs findings and change the salary

The best way is to agree with DOLs findings and change the salary. Anyway they are not commenting on what u r being paid now. That is what will be paid after u get ur GC.

As ur Attorney said the survey might work but it will take little bit time for approval. If they change the salary and repost it at job location for 10days and send the findings to DOL, that would move the case faster. May be in a week u will get APPROVAL.

BTW, did ur company reject any applications based on salary? If they did it is better to stick with (67K) the salary and justify it.
 
I heard different story.If you change salary your case will take longer than you justify your prevailing salary.
 
yes I have found myself in the same situation. My lawyer also sent a watson wyatt survey. I hear that once you submit the supporting evidence to the RFE, DOL considers it a new submittal and your dates will start over again, as if a new application. Good luck to us both I guess.
 
But, my attorney specifically mentioned that it was not a "RFE" and was just a routine query which happen all the time....

Anyways, please keep me posted if you hear back anything?

Btw, what is your Priority date, query date from SESA and your attorney's response date?.. We can use each other's status as a reference...

Mine is PD: June 16'02
Query Date: Dec 5'02
Response Date: Jan 15'03

EB2 - RIR
 
PD is Jan 2nd 2003,
Request Date Feb 27, 2003
Response Date March 18, 2003

I am not sure about the RFE. I guess my lawyer said the same thing your lawyer said.. it is routine and watson wyatt is widely accepted etc. Hope both our lawyers are right.. :) Chicago is faster than boston with regards to SESA dates.. So I will let you know what happens..
 
Received an update from my attorney today saying the Illinois department of employment security has accepted the watson wyatt survey that we submitted.

I am glad that the process is moving on. Will keep you updated when the labor is cleared.
 
Last edited by a moderator:
Does this mean that we are thru with the prevailing wage question.. Any chance regional office (DoL) will raise the wage issue again?

Mine was also sent out to regional office last week..
 
My attorney said that usually if state clears the labor.. federal is not a problem. Lets hold our breath and see what happens.
 
Just as an update my labor got certified yesterday. The federal dept took a little under 2 months. YAY!
 
You must log in or register to reply here.
Top