PW for PERM too high

D

depechemods

Registered Users (C)
i am filing for PERM and the PW for general pediatrician came back as $150000 in FL, which is too high, the lawyer is checking again but the minimum is still $125000 which is still more then i am paid.

any solutions, any feedback
my malpractice is paid separately by the employer , can we say that if u add the malpratice then it comes closer
please help
 
If your employer wants they can still do it. It is a profferred salary, not the current salary. If the current salary meets or exceeds profferred salary then your hospital/corporation does not have to show any aditional evidence that then can pay you. If your current salary is less then the PW (hence the profferred salary), then they may be liable to show that they have profits at least in the amount of the difference to pay you after the GC.

However I am not sure what happens if the hospital is a non-profit (I am not sure non-profit means they cannot have profit or they just do not run for profit but still can have profit on their balance sheet).

If you/your employer hired a lawyer, then he should be able to take care of this.
 
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> If your current salary is less then the PW (hence the profferred
> salary), then they may be liable to show that they have profits
> at least in the amount of the difference to pay you after the GC.

And herein lies the problem: Most physician practices are organized as 'P.C.'. The way PCs are taxed, it makes sense for the partners to pay themselves ALL the profit as salary or benefits. Most PCs, even if they turn over many millions every year might only show a 'profit' (in the IRS sense) of a couple of 100 $$.

There has been an positive AAO decision on the PC and profit issue, but it is not as simple as it is with a regular corporation.

The problem is that you will get an RFE on 'ability to pay' on your I140 which introduces further delays.

There is a thread on this aspect of I140 filings:

http://www.immigrationportal.com/showthread.php?t=137088
 
but i think the bigger problem is that PERM could get rejected right in the initial stages (with the way the new system is working) if the PW is not matched.
also mine is a community health center so is non for profit , partially federally funded
so cant i say the wage is lower as it does not include the malpractice
thanks for feedback, any ohter way out
 
> any ohter way out

Short of finding a job with a different employer for the time after your waiver is up, I am not sure. You pedis really get screwed with the high PW.

In the RIR system, you could provide an 'alternate salary survey' (e.g. from a recruitment organization) to justify a lower PW. You might want to look into that.

I guess as a CHC they don't have more than 100 employees. If they had, a statement by the CFO that they expect to be able to pay the PW is sufficient.
 
Prevailing Wages!

We need to get together to challenge the ridiculous prevailing wages the DOL has set up. I am facing the same problems, with wages being atleast 25% higher than what the market rate is.
 
Maybe you can talk to your employer to include your annual malpractice premium with your annual wage and then you can buy the malpractice insurance yourself. Get a new contract with new annual wage and hopefully this will meet the prevailing wage criteria.
I think you are right in being worried that the PERM may be rejected at the initial stage itself if you are not getting 100% of PW. Their wording seems pretty unambiguous.
 
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