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Does the green card labor certification prevailing wage requirement go up over time?

Allentown, PA |

I realize that the labor certification for a green card is complex, and that any employer who does it alone is crazy. That said, I still would like to understand some things, if only to be able to discuss more intelligently with an immigration attorney, thanks.

From what I have read, the employer has to pay the foreign employee at least the prevailing wage, once the employee actually gets the green card? Here is my question: if the employee is from a country with long wait times, then in the future is that original prevailing wage still what the employer must adhere to? Or does that prevailing wage get a percentage "uplift" to account for inflation?

If the employee is in H-1B, then until green card, employer is bound by H-1B wage rules, not green card rules right?


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Attorney answers 3


The required prevailing wages are determined prior to the filing of H-1B petitions and Labor Certifications.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.



I think you are saying, therefore, that even though the employee (if from China or India for example) might not get the green card until four or five years later, it is still that "way back when" prevailing wage that still controls? Thank you.


I agree.

Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.


The prevailing wage determination that the DOL made for the green card case does not change over time. So when the green card is finally issued, that salary indicated on the PERM and I-140 is what must be paid (although it can be increased by a reasonable amount over time). For the H-1B processes during the interim, these are governed by the LCAs and wage determinations (if any) associated with each H-1B, so these required wages may be higher than the earlier one for the green card case.