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Salary requirement in PERM LCA or Green Card
Anonymous6 views3 answers
Hi, I wanted to know is there any minimum salary requirement to apply for Green Card and at the same time the employer should pay the amount whichever is mentioned in PERM LCA from the date of filing. Please share your advice. Thanks
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Yes, the US Dept. of Labor ("DOL") mandates a "prevailing wage" for each type of job position, according to its job duties, experience requirement and the actual region in the country where the job opportunity is located. The prospective employer has the absolute legal obligation to pay 100% of that wage as listed on DOL's "Prevailing Wage Determination" for the job.
The employer will only have the obligation to pay that wage upon the approval of the foreign national beneficiary's "green card". Not before.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
Yes to both points. The employer has to pay PERM certified wage, yes, and the requirement of prevailing and also actual wage both exist. The trouble is, all of this only applies when you get your green card and start working for the employer while being an LPR. PERM is about prospective not current employment,
An employer must pay at least the prevailing wage for your job, as determined by the Department of Labor. That obligation to pay the prevailing wage does not begin until the green card application is approved - not the date of filing.
