New York, NY asked in Immigration Law for New York

Q: Getting paid less than prevailing wage. Filing for H1b.

1. I I fall in Level 2 for a job. I am currently being paid 50,000 annually and am going to be paid 55,000 annually starting next month. This is less than the prevailing wage. Do you think it is safe to apply under level 1?

2. There is another job (Computer Support specialist) which has a prevailing wage which matches mine in Level 2, but the job description is way too low when compared to my profile. Will filing under this job description have problems?

3.Can my employer pay 95% of the prevailing wage or is it fixed to the rigid 100% when filing for H1B?

4. What are the main reason the USCIS would reject/query an application which has the approval of DOL?

Related Topics:
1 Lawyer Answer
Answered
  • Immigration Law Lawyer
  • White Plains, NY
  • Licensed in New York

A: The employer must pay the prevailing wage or exceed it. The "levels" may be determined by reviewing the requirements for the position and then equating them to your actual experience and education. The lesser job you mention sounds like it may not qualify for H1B status. Remember the position itself must require the holder of a bachelors degree. It must have the proper svp level (usually 7 or above). You may want to talk to the employer about increasing your wage or about reducing your hours and switching to the hourly calculations of salary until you fit properly in your required level. Once the LCA is approved the cases are not usually denied on salary grounds. The reasons for denial include the fact that the position itself is not a speciality occupation or that you do not possess the required education or experience to perform the duties described in the petition.

I agree with this answer Report

Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Legal Answers without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.