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.
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.
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.
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