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Immigration Issues/Prevailing Wage, PERM and I-140

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Question
Hello Mr. Arora,

Thanks a lot for reading my message!!

The prevailing wage for my PERM had a validity period from 05/08/2009 to 08/08/2009. The PERM was filed in Sept 2009 and is still pending. All the recruiting was done within 05/08/2009 and 08/08/2009. My offered wage was higher than the prevailing wage by about $1000.

Now, when I looked up the newly updated OES wage survey (07/01/10 to 06/30/11), the prevailing wage for my position at the appropriate level is $4000 more than my current wage. My current wage will not change in the coming years due to pay freeze.

If by some stroke of luck, my PERM gets approved, can I even apply for I-140 as the new prevailing wage is so much higher than my current wage?

Kindly let me know.

Thanks a lot!!!!
mhop50

Answer
Hi,

You can rely on the prevailing wage. Since the offered wage is not a lesser amount than the prevailing wage, the PERM application should be certified by the Department of Labor, and subsequently the I-140 can be filed with the same offered wage as noted in the PERM application. Indeed, if the wage noted on the I-140 is considerably higher than that noted on PERM, the I-140 may be denied on the basis that recruitment for U.S. workers was not fair (and thus discouraged job seekers by stating artificially low salary offer) if the actual offered salary was in reality much higher than advertised per recruitment conducted prior to filing for PERM.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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