EB2 low salary, would it be a show stopper?

Asked 10 months ago - Southfield, MI

My company has agreed to sponsor my EB2 but my salary is less than the Median wages (Onetoline.org). Would this lead to an issue during the process?
My background education and work achieved in this order: -

• 3yrs degree equivalent to 3 yrs undergrad in US
• 4 yrs of management in software industry before my masters
• 2 yrs MBA in information technology from US University
• Working for more than 2 yrs in the current company.
• 2 months ago got promoted in the same company to a job role that requires a Masters and related to my previous work experience.

Attorney answers (5)

  1. Ralf D. Wiedemann

    Contributor Level 18


    Lawyers agree

    Answered . As part of the PERM process, the DOL will issue a prevailing wage determination. The company must be willing to pay at least that prevailing wage by the time your green card is approved, and demonstrate the abiliy to pay that amount. The employer doesn't necessarily have to pay that amount now, although if you need an H-1B extension before you get the green card the employer will probably have to use the same wage level as the one in the PERM case.

  2. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . Yes, a "show stopper" indeed, unless employer will be able to pay the "prevailing wage" for the position as mandated by DOL and will do also do so when extending your H-1B.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . The website you listed is NOT AN OFFICIAL WEBSITE.

    Go here and click on the Prevailing Wages link: http://icert.doleta.gov/

    You can not be paid less than the Prevailing Wage ... for the EB-2 ... nor now, if you're on an H.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  4. Anu Gupta


    Contributor Level 19


    Lawyers agree

    Answered . Prevailing wage rate is determined by the Dept of Labor after you file for it. Most attorneys know how to draft good descriptions that fall in the ballpark of what the employer is paying. Remember, employer's generally pay market rate wages. DoL uses these actual numbers to calculate its prevailing wages.

    Business Immigration Attorney with 17 years of immigration law experience. Call 800-688-7892 or visit www.... more
  5. Alexander M. Ivakhnenko

    Contributor Level 20


    Lawyer agrees

    Answered . Retain a professional attorney to make sure you are deriving the information from appropriately reliable resources.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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