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Query in Labor certification

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  • Query in Labor certification

    I am on H1 right now completed 5 years in US. I filed for labor as Software Engineer in RIR category 3 years ago with a small company in New Jersey. My priority date is December 2001. My total salary is $60,000/yr. I got a
    notice a week back from Labor department stating that my Labor is denied as the pay for the title software engineer should be $78,000/yr and I need to submit
    a survey (data for the past 24 months) for the tile with $60,000/yr. My company cannot afford to pay that much salary and I am looking for alternate solution to get around this. Please let me know if you have any alternate solution for this.

  • #2
    Re: Query in Labor certification

    Well, the company has to pay the prevailing rate. There is no way around that.
    Of course, since the LC is for a job in the future, the company really only has to pay that salary when the GC is approved.
    But these are all things that your lawyer should know. They also should know the prevailing rate, and should have warned your employer beforehand.

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