Dr. William:

My employer is sponsoring me for the Labor Certification. The problem now is that my wage is lower than the prevailing wage. Is there any way you can help me for this issue? Thank you. 

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Answer:

For the Labor Certification, the employer needs to prove its ability to pay the prevailing wage to the immigrant worker. The offered wage for the position listed on the Labor Certification should be the prevailing wage or above.

The employer needs to submit evidence of its ability to pay the difference between the offered wage and the wage that is already being paid by the sponsoring employer. If an employer is paying an employee for a position is lower than the prevailing wage, the employer will need to submit evidence of how it can pay the difference amount. The employer can provide financial records or other documents from the date of the Labor Certification filing.

 

 

 

 

 

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