Prevailing wage and H1B visa

Asked over 1 year ago - Boca Raton, FL

This is my 1st time applying for H1B visa. My employer is offering salary which is about 15% less than current prevailing wage/ hour in this area. What are my chances of getting this approve or shall I ask for the match?Appreciate your help!

Attorney answers (4)

  1. Jeffrey Adam Devore

    Contributor Level 20

    3

    Lawyers agree

    Answered . Without the employer agreeing to pay the prevailing wage the chances of approval are zero. You attorney should be explaining this to you and if you don't have counsel, now would be the time to retainer an attorney. H-1B mistakes can be very expensive and sometimes impossible to correct.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  2. Myron Russell Morales

    Pro

    Contributor Level 16

    4

    Lawyers agree

    1

    Answered . You have to be paid100% of the prevailing wage.

    This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at:... more
  3. Gintare Grigaite

    Contributor Level 18

    4

    Lawyers agree

    1

    Answered . No, the employer is required to pay 100% of the prevailing wage. Otherwise, it will be denied.

    Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact... more
  4. Akanksha Kalra

    Contributor Level 14

    3

    Lawyers agree

    1

    Answered . The offered salary must be 100% or higher of the prevailing wage otherwise the Labor Condition Application (LCA) will not be approved. H-1B and LCA related issues can often be complex so you should consult an immigration attorney to discuss this further.

    Akanksha Kalra, Attorney at Law: 215-542-4905 or ak@akaimmigration.com Disclaimer: The information provided here... more
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