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What happens if the employer does not pay the prevailing wage after you green card gets approved?

Business 2 views 4 answers
Hi all, My employer will file PERM application for me. However, the prevailing wage (PW) in PERM is higher than my current salary. As far as I know, green card petition is for the future job and my employer does not have to pay me the PW until my green card is approved. Assuming that my green card gets approved, I wonder what will happen if my employer does not raise my current salary to meet the prevailing wage: 1) Can I somehow get DOL involved to force my employer to pay the prevailing wage? (I think PERM application is like a contract that employer signs with DOL). 2) Will my green card get revoked by USCIS? Thank you very much.

Attorney Answers

4
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Wait and see. If your employer does not pay the prevailing wage upon you getting your green card, you can: 1. Quit your job and find a better paying one; and 2. No, no one will blame you for your employer's failure to keep his promise and take your hard earned, long awaited green card away. The Best to you!
0 upvotes
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
It appears that you stand to receive a valuable benefit as an LPR in the U.S. It is true that some employers do not keep their end of the contractual obligation thus leaving you with very few choices: 1. Terminate the employment, 2. Lose the LPR benefit, as a result upon loss of the employment, 3. Attempt to find a similar position under the circumstances.
0 upvotes
Stephen Berman ·
If the intent to begin with is not to pay your required wages, perhaps you can port to a new employer before it is too late.
0 upvotes

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