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EB2 low salary, would it be a show stopper?

Southfield, MI |

My company has agreed to sponsor my EB2 but my salary is less than the Median wages ( 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


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.

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The website you listed is NOT AN OFFICIAL WEBSITE.

Go here and click on the Prevailing Wages link:

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 -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602

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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 Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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