H1-min Wage Issue

[Adeel]

What is the name of your state?NJ
HI,
I just received the notice of approval and LCA certificate from my employer. But i am shoked to see that annual wage is quite low than that of discussed earlier. This annual wage is also lower than the minimum prevailing wages defined by LCA againt my category. What should i do in this case? Is this in practice or some thing strange and what are consequences i hv to bear in future, if i accepts as it is?

Thanks

 

[immiq]

The LCA and LC PW can be different. The LCA PW can be picked in level 1 but the LC PW must be picked in level 2 unless the position is an entry level. I do not know why. But, it is indeed unique in the DOL PW determination. Maybe the DOL thinks the H-1B is temporary but the LC is permanent. But, why the wage can be different between the temporary and permanent, especially you call it the prevailing wage? Can anyone help the DOL to explain it?

 

[Adeel]

Let me re-explain!
The annual wage mentioned in LCA approval notice is lower than the minimum prevailing wages defined by LCA againt my category (LCA PW), and also less than the initial salary we did agree.When i talked to employer he said that this is the minimum level! make sense??
What should i do in this case? either go for interview or not? If i go for interview..what would be its impact on consulate person as i am going on much lower wage than that of LCA PW?

Thanks for caring, waiting for reply!

 

[ImmigAttyLana]

Are you saying your H-1B petition was approved with the actual salary to be paid to you being LOWER than the stated prevailing wage? This is highly unlikely. The employer MUST pay you AT LEAST the prevailing wage or 95% within the prevailing wage on the lower end.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[immiq]

Let me re-explain!
The annual wage mentioned in LCA approval notice is lower than the minimum prevailing wages defined by LCA againt my category (LCA PW), and also less than the initial salary we did agree.When i talked to employer he said that this is the minimum level! make sense??
What should i do in this case? either go for interview or not? If i go for interview..what would be its impact on consulate person as i am going on much lower wage than that of LCA PW?

Thanks for caring, waiting for reply!

Your actual pay must be at least 95% of the PW listed in the Form 9035 (LCA) otherwise your H-1B cannot be approved. So, talk to your employer. Moreover, remind your employer the 95% of level 2 PW must be paid in the future if he intends to sponsor you for a green card and a permanent employment unless your position is an entry level.

 

[Adeel]

I am clear abt this now that pay must be at least 95% of the PW listed in the Form 9035 (LCA)..and it is equal to that in my case as well. But my point here is that the PW itself mentioned there in LCS is much lower than the BLS statistics and he mentioned 'OWN source' there.
i hope that my point is much clear and sorry for inconvenience! I hv same questions
1)Can employer pay higher than the Annual wage listed in LCA?
2)What is its effect on interview at consulate. Do they hv any objection in it ?


Thanks!

 

[ImmigAttyLana]

The employer is not bound to use the PW from the BLS or SESA and can conduct its own survey or use an independently published commercial survey for the particular job classification for the area of employment. If audited, they would have to present proof of how they came up with the PW.

As for the Consulate, they are not going to second-guess the survey.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.