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Wages and Salaries FAQs
Monday, October 21, 2024 - 06:35
Concerns regarding nonpayment of wages and potential H-1B impact
Question
I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?
Thursday, December 22, 2022 - 23:41
Filing multiple PERM applications, PERM Recruitment period, and Processing Times for PWD (Prevailing Wage Determination)
Question
Can we file two PERM simultaneously, one for the current job level and one for the future promoted level? My employer filed my green card based on my master's degree and no experience as a job requirement. So, what are the chances it will pass recruitment during PERM, keeping the current recession in mind?
Answer
Thursday, December 22, 2022 - 22:46
Explaining PERM Prevailing Wage Determination (PWD) and its elements
Question
I am on the H-1B visa right now, still in my initial 3-year window, have this query about Prevailing wages In the Perm process. My company is filing Perm under the EB2 category, it was submitted in September 2022, and the current wait time is around 8-10 months so I am still waiting to hear back from authorities.
1. I had asked my lawyer for a copy of the PWD, but they said it is a company document. Is that correct?
2. When I asked about the wages mentioned in the document, they told me the figure is 123k $ and would be paid to me after the green card is received. This prevailing wage figure is 35% higher than my current wages. Does the prevailing wage figure include cost to the company? ( insurance,401k plan for which company pays for me) or is this figure to be paid to me as a yearly salary? Also, being an Indian, and Since mine is EB2 filing, I may not receive a green card until the next 15-20 years. Is there a way I can negotiate for this salary after the perm is approved?
Answer
Tuesday, September 20, 2022 - 06:27
Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1
Question
I am currently on F-1 Stem OPT, and my H1B got approved this year a few days back. My current company is shutting down its operations and moving everything to Mexico.
1. They have given me the last date of employment as 31st October 2022. So my question is how soon can I change my employer and can I transfer my H1B to a new employer before 1st October 2022?
2. Also, if I can do my visa transfer only after October 1st 2022,?
3. Can I do that with 1 paystub, or will I require 2 paystubs?
Answer
Thursday, March 14, 2019 - 03:48
H-1B Employer Deducting Money From Salary
Question
My previous employer deducted half of my monthly salary and put deduction under loan in salary sleep. I never took any loan from him or never signed any document. Previously he asked me to pay all H1b expenses in email which i refused and seems like he has deducted amount as retaliation of my resignation. Can he take bonus back as loan(deduction he mentioned in salary slip as loan) from my salary which was given to me in 2016 and 2017? if he can then I don't have anything to claim.What are my legal options considering I never took any loans? is it worth fighting him considering my H1b status and can he harm me with my status or application (which he intend to do as he said in 1 to 1 meeting) ?
Answer
H-1B Employer deducting money from salary
Video Transcript
The answer is No. Absolutely not. Bring it up with the wage and hour division and do it quickly because I think they can go back only one year in time. If you are talking about 2016 it might already be too late for that and 2017 might be too late for that. But it does not hurt to at least to bring it up with the wage and hour division. Please discuss this with your lawyers. More...
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Tuesday, August 14, 2018 - 08:54
What Are Different Wage Levels For H-1B And Green Card Jobs?
Question
I am currently on my CPT(masters student) & working as full time employee in Cincinnati, OH. I would be converting to OPT in Dec,2018. My employer is fine to file H1B for the next year. My current pay is b/w 60k-65k/annum. I heard that min wage should be 65K for H1B. And even if H1B is picked, there could be chances of rejection at the time of RFE. Will the wage between 60k-65K is ok or should it be more than 65K? I have gone through couple of other websites to explore on this. According to FLCDataCenter.com, I gave Ohio, Cincinnati(Hamilton county) and occupation as software developers, applications--it displayed 4 different wage levels. My current pay falls close to Wage Level 1 but above 60K. would it still cause any issue for H1B? Could you throw some light on this.
Answer
Watch the Video on this FAQ: What are different wage levels for H-1B and green card jobs?
Video Transcript
The only difference between wage levels for H-1B and green cards in terms of logistics is, when we file for an H-1 we are using our best judgment to decide which level wage will be given. When we file a green card it is the government who decides what the wage should be. The wages are received in most cases from Foreign Labor Certification Data Center and there each occupation is based upon the county and the state in which the occupation is located and is covered under four different levels. What distinguishes the levels is the complexity of the job, the requirement that the employer has and how many years of experience, etc... Level 1 is usually for entry-level people right out of school doing formative chance, so they are still learning. Level 2 is people who are doing professional level jobs, but they are moderately complex at level 3 you become technically advanced. At level 4 you become more advanced but perhaps in terms of leadership. More...
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Thursday, September 5, 2013 - 01:05
Ability to Pay
Question
1. Is submitting consolidated returns and audited financial statements for a parent company and its wholly owned subsidiaries sufficient to meet the burden of proof for establishing the company’s ability to pay by a preponderance of the evidence?
2. Where an employee who is the beneficiary of an approved I-140 and is eligible for AC-21 portability ports to a new employer in the same or similar occupation, must the new employer demonstrate the ability to pay the proffered wage from the date of portability?
3. When adjudicating I-485 applications for portability-eligible individuals where the petitioning employer is no longer in business, does USCIS require the subsequent employer to satisfy both the ability-to-pay requirement and the bona fide offer of employment requirement from the date of the employee’s subsequent hire through the approval of adjustment of status?
4. Why are prorated net assets not sufficient evidence to support ability to pay?
5. Why is the Yates Memo not applied if a beneficiary’s W-2 indicates that the actual wage paid to him/her is at least as much as the beneficiary’s proffered wage for the prorated period?
Answer
1. USCIS says that it evaluates each consolidated financial statement on a caseby-case basis under the preponderance of evidence standard to determine whether the petitioner has the ability to pay the proffered wage.
2. USCIS says that, in this situation, the new employer is not obligated to demonstrate the ability to pay from the date of portability.
3. USCIS says that, in this situation, the new employer does not have to demonstrate the ability to pay during the entire period. Once the Form I-485 has been pending for 180 days, the applicant may port and present evidence. If AC-21 portability requirements are met, the dissolution or withdrawal of the I-140 petition (after the 180-day point) by the former employer does not affect portability.
4. USCIS does not specifically address why it will not accept prorated net assets as sufficient evidence to support ability to pay. Prorating is not provided for in any policy, regulation, or statute. Therefore, only current assets should be included in the calculation.
5. According to USCIS, the Yates Memo will apply only in respect of ability to pay. The adjudicating officer will look at the rate paid and not the total amount paid. It is the petitioner’s burden to demonstrate that the rate that is being paid is an appropriate increment to the proffered wage.
Tuesday, March 12, 2013 - 05:32
Ability to Pay Wages when Priority Date is in the Middle of the Year
Question
How shall ability to pay wages be determined when the Priority Date is in the middle of the year?
Answer
USCIS does not calculate ability to pay wages on a pro-rated basis. USCIS will accept proof to show that petitioners have paid the required wage, as shown on ETA Form 9089, for the relevant periods of employment. Additionally, the USICS will accept other forms of evidence, such as pay stubs, W-2’s, and 1099 forms.
Wednesday, December 5, 2012 - 00:19
I-140 Evidence for Ability to Pay
Question
What kind of evidence is acceptable to show ability to pay wages in an I-140?
Answer
The regulations state that for ability to pay wages, USCIS will accept copies of annual reports, federal tax returns, or audited financial statements. If the employer has more than 100 workers, a statement from a financial officer of the organization can be submitted to establish the ability to pay the proffered wage. Additional evidence, such as profit/loss statements, bank account records, or personnel records, may be submitted and will be considered at the adjudicator’s discretion. Additionally, USCIS has verified that consolidated financial reports of a parent company in which the sponsoring employer is a subsidiary can be considered by adjudicators to evaluate petitioner's ability to pay wages. As these reports tend to be lengthy, employers should tab the relevant pages for adjudicator’s reference.