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?
Answer:
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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