What happens if employer does not pay the prevailing wage after green card gets approved?

Asked almost 2 years ago - Chicago, IL

Hi all,
My employer will file PERM application for me. However, the prevailing wage (PW) in PERM is higher than my current salary. As far as I know, green card petition is for the future job and my employer does not have to pay me the PW until my green card is approved.

Assuming that my green card gets approved, I wonder what will happen if my employer does not raise my current salary to meet the prevailing wage:

1) Can I somehow get DOL involved to force my employer to pay the prevailing wage? (I think PERM application is like a contract that employer signs with DOL).

2) Will my green card get revoked by USCIS?

Thank you very much.

Attorney answers (4)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    Answered . Wait and see. If your employer does not pay the prevailing wage upon you getting your green card, you can:
    1. Quit your job and find a better paying one; and
    2. No, no one will blame you for your employer's failure to keep his promise and take your hard earned, long awaited green card away.
    The Best to you!

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Stephen D. Berman

    Contributor Level 20

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    Answered . If the intent to begin with is not to pay your required wages, perhaps you can port to a new employer before it is too late.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  3. Alexander M. Ivakhnenko

    Contributor Level 20

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    Answered . It appears that you stand to receive a valuable benefit as an LPR in the U.S. It is true that some employers do not keep their end of the contractual obligation thus leaving you with very few choices:
    1. Terminate the employment,
    2. Lose the LPR benefit, as a result upon loss of the employment,
    3. Attempt to find a similar position under the circumstances.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  4. F. J. Capriotti III

    Contributor Level 20

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    Answered . I agree with Mr. Behar.

    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only.... more

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