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Immigration Issues/Employment Verification Letter for AOS

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Question
During PERM process employer determines the Prevailing Wage . Say the prevailing wage is $90K and the PERM and 140 is approved based on that. .

Due to retrogression, the Employee waits for 5 years before being able to file 485. In 5 years, the prevailing wage for the same position has gone up to (say) $100K..

Should the Employment Verification Letter agree to pay Employee $90K (per PERM) or $100K (current Prevailing wage for the position) ?

Answer
It is OK if the employment verification letter indicates $90K. Indeed, it is best to be as consistent as possible with the information noted on PERM/I-140. However, it is also OK if the employment verification letter indicates $100K, as it is acceptable (although certainly not required or even expected) that the offered wage increases modestly.

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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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