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

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


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 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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Stephen D. Berman

Stephen D. Berman


Well said!


I agree with Mr. Behar.

IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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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 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 information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602

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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 attorney to discuss your individual case.

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