Employer Must Show the Ability to Pay the Prevailing
Wage from the Year in which the Labor Certification Was Filed

Dr. William:

My Labor Certification has been approved, but my current salary is not close to the prevailing wage listed on the approved Labor Certification, and my current employer's business financial situation is not really good. To obtain approval of my I-140 Form immigrant petition, does my employer must pay the listed prevailing wage on the Labor Certification?


To obtain approval of an I-140 immigrant petition for a foreign national worker, an employer must show ability to pay the offered wage on Labor Certification. USCIS' regulations state that the Form I-140 petitioner must be able to pay the offered wage from the priority date forward. It means that an employer must show the ability to pay the prevailing wage from the year in which the Labor Certification was filed.  








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