Tweet
Hi All,
Long time lurker, first time poster ... hopefully you guys can give me some awesome suggestions on my situation.
I am on my H1B and my employer is willing to initiate the green card process for me.
As I understand it, the first step is the labor certification. My employer's lawyers have quried the Department of Labor as to what the prevailing wage should be for my position and here in lies the issue.
The department of labor prevailing wage for my position is much higher than my actual wage (almost $20k more). As far as I'm concerned, I am being conpensated fairly judging by the salary calculators I find online and knowing what other employers in my region also pay for similar positions. Obviously getting my employer to pay me $20k more is out of the question.
Here is where all you guys come in .... am I essentially not able to proceed with the permenant residence process because of this, or is there a way to file a petition?
From what I have read on the Department of Labor website, the level they consider me at, does not take into account the number of years of experience. For instance, I have a University Degree + 4 years of experience. I am in the same prevailing wage category (Level 4) as someone with a University degree + 20 years of experience. So its obvious that someone with 20 years of experience will be getting paid more than me and probably getting paid the prevailing wage, if not more ... whereas I am not even close to that figure. Not sure why the Department of Labor doesn't differentiate based on experience.
Long time lurker, first time poster ... hopefully you guys can give me some awesome suggestions on my situation.
I am on my H1B and my employer is willing to initiate the green card process for me.
As I understand it, the first step is the labor certification. My employer's lawyers have quried the Department of Labor as to what the prevailing wage should be for my position and here in lies the issue.
The department of labor prevailing wage for my position is much higher than my actual wage (almost $20k more). As far as I'm concerned, I am being conpensated fairly judging by the salary calculators I find online and knowing what other employers in my region also pay for similar positions. Obviously getting my employer to pay me $20k more is out of the question.
Here is where all you guys come in .... am I essentially not able to proceed with the permenant residence process because of this, or is there a way to file a petition?
From what I have read on the Department of Labor website, the level they consider me at, does not take into account the number of years of experience. For instance, I have a University Degree + 4 years of experience. I am in the same prevailing wage category (Level 4) as someone with a University degree + 20 years of experience. So its obvious that someone with 20 years of experience will be getting paid more than me and probably getting paid the prevailing wage, if not more ... whereas I am not even close to that figure. Not sure why the Department of Labor doesn't differentiate based on experience.
Comment