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?

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1 Lawyer Answer
Susan Beth Henner
Susan Beth Henner
  • 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.

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