Q: My current salary is more than double the prevailing wage for PERM. Will that be a problem in employment-based greencard
Hello, My employer filed my PWD and the prevailing wage came out very low compared to my salary. The prevailing wage is less than half of my salary. Will that be a problem during PERM or i140? I feel that this will trigger the audit. I really appreciate any help you can provide.
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A:
Having a salary significantly higher than the prevailing wage for PERM is generally not a problem. In fact, it's a positive indicator for the Department of Labor, as it shows the employer is more than willing to pay well above the minimum wage for the position. The main concern for PERM is ensuring that the wage offered meets or exceeds the prevailing wage, which you are clearly surpassing.
While a large difference between your salary and the prevailing wage could potentially raise questions during the review, it doesn't automatically trigger an audit. The focus is typically on whether the job requirements are reasonable and whether the wage meets the prevailing standard.
To avoid any issues, make sure your employer carefully documents why your higher salary is appropriate for the role. This can include your experience, skills, and the specific responsibilities of your position. Being proactive with proper documentation will help reduce the chances of any delays.
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