thanks: pjinag.
However, I do not quite understand. If the prevailing is irrelevant, than why did my previous lawer take so much effort to get that?
Please look at the example I got from 張哲瑞.
I do not understand:
1. Company D is only required to pay the Prevailing Wage at the time the Green Card is obtained
Now I am applying "Green Card". Does that mean that my company should pay me higher salary when I physically get the "Card"? How could USCIS know if my company does not pay me higher salary than prevailing wage?
2.However, Company D must show the ability to pay the offered salary during the whole process.
What does "whole process"mean? Does USCIS will retrospectively check the salary I have been paid after I got my Labor Certificate, which is several years ago.
I am really confused. I guess that the lawyer is make so much money.
Thanks Again.
Dan
Below is some faq I found out from: 張哲瑞 (http://www.hooyou.com/lc/faq.html)
Example:
Susan’s employer, Company D files a PERM Labor Certification on her behalf. Her current salary does not meet minimum Prevailing Wage requirements. This does not affect Company D’s requirements since Susan’s current salary is not required to meet Prevailing Wage requirements. Company D is only required to pay the Prevailing Wage at the time the Green Card is obtained since the Labor Certification is based on a prospective job offer. However, Company D must show the ability to pay the offered salary during the whole process.
Q: What is the minimum salary requirement for the Labor Certification application?
A: It depends. Each job position has a different Prevailing Wage rate depending on the location of the job position.
Q: What will happen if my employer does not promise to pay the Prevailing Wage?
A: You should let your employer understand that this promise is to be honored when you obtain your Green Card.
