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Matthew Jude Maiona

Matthew Maiona’s Answers

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  • I am a H1B holder and my current employer is going through the PERM process. What should we do to get the prevailing wage right?

    Matthew’s Answer

    Remeber the employer sets the job duties and educational/experience requirements for the offered position. While an employee may have a masters degree, they are not automatically an EB-2. It is the position and the requirements of that position which determine EB-2 vs. EB-3. The immigration attorney cannot simply make it EB-2. This is especially true if other employees performing the same position are hired with lesser education/experience and subsequently paid less.

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