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H1b transfer (to a small startup company) - prevailing wages

Little Falls, NJ |

I am working for multinational company on h1b visa. I got a job offer from a small startup company with good pay, they have a valid FEIN number. (they have 3 branches, 15-20 employees and they are hiring more). Now, my new employer told me that just because its a small company, they dont have to go through the prevailing wages determination process. So, they just applied for my LCA(labor). Is this true that because its a non H1B dependent company they dont have to file for a PWD? would there be any problems in the transfer? thank you.

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Attorney answers 1


To file the LCA prevailing wage needs to be established regardless of size of company; however, if you mean whether they need to file a request with OFLC National Process Center for determination to be made, the answer is not necessarily. Request with OFLC is only one of the many ways to determine prevailing wage. Depending on your occupation, other methods may be available. If the wage is lower than the prevailing wage, the LCA will be rejected.

Also note that whether a company is dependent or not is not based on the number of employee but the number of foreign employee they employed. A small company of 15-20 employee will be dependent if it employs 8 H1B emplyoyees.

In the absence of a fully executed client agreement with a member of firm as your retained attorney, you should not consider information found within this answer or comparable Internet publication to constitute legal advice or opinion directed to any individual regarding a specific issue or factual circumstance.

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