To be approved for H1B visa, it seems like an employer has to pay a foreign employee by the above prevailing wage? But, I wonder if the above prevailing rates is defined by comparing with the average wage paid to similarly employed workers in the requested occupation in the area of intended employment? OR by comparing with the wage paid to another employees with the same job function in the same organization?
Where can I get that information about the prevailing rates from? For instance, how do I know if the compensation that the company offered me is higher than the prevailing rate?
it is likely that the wage that the company offered me is lower than the prevailing wage since the company is a non-profit. How should I work around this issue? Is hiring a lawyer a useful option?
An employer is obligated to pay an H-1B employee the high of the "actual wage" for the employment in question or the prevailing wage rate for the occupation. The actual wage is the rate paid by the employer to all individuals with experience and qualifications similar to the H-1B worker's experience and qualifications for the employment. There are various methods for determining the prevailing wage. The regulations and rules covering this topic can be somewhat complex. General information can be found at: www.foreignlaborcert.doleta.gov.
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