Immigration Issues/GC Labor and I-140


QUESTION: Hi Krishnan,

The wages per hour approved for my Green Card Labor is lesser than the amount we filed the I-140 with. So, is it still OK to go according to wages approved as per GC Labor or should it definitely be not less than what we filed the 140 with?
By the way, the I-140 is cleared. I am asking this question in the scenario of working with the same employer with whom I filed my GC.


ANSWER: Lakshmi,
I do not understand your question. Do you mean that your employer is planning to reduce your wages?  The wages should not be below the wage stated on the labor certification.

Ramasamy Krishnan

---------- FOLLOW-UP ----------

QUESTION: Hi Krishnan,
Thanks for the answer. As you said you did not understand my question well, I would like to be more clear. The LCA(GC) wages are lesser from the amount we filed the I-140 with. Is it still OK to run my payroll based on LCA wages?


I did understand your facts very well, my question was what circumstances have arisen for you to be paid less than the wages the company stated on its I-140.

However, I had already answered your question in my earlier email. "The wages should not be below the wage stated on the labor certification."

Ramasamy Krishnan

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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