#labor certification

Prevailing Wage Too High? What Employers & Immigrants Need to Know

What Happens If the Prevailing Wage Is Higher Than Your Employee’s Salary? When the prevailing wage comes back higher than what your sponsored foreign worker is currently earning, it can be a shock for employers. Under labor certification (PERM) rules, you must be willing to pay the certified wage by the time the worker receives their green card, not necessarily right now. In this video, US immigration attorney Loren Locke breaks down what this means in practical terms for employers, HR executives, and foreign workers navigating the employment-based immigration process.

The labor certification process is the first major step in many employer-sponsored green card cases, whether you’re filing for EB-2 or EB-3. We’ll discuss why the prevailing wage is locked in at a fixed dollar amount and doesn’t adjust for inflation or cost of living, and how long waits in the visa bulletin can actually make this requirement easier to meet through annual raises. From foreign labor certification rules to potential labor certification waivers, you’ll learn what strategies employers can use to plan ahead without breaking the budget.

For H-1B visa holders, the stakes are even higher. Suppose certain milestones in the PERM labor certification process aren’t met before the six-year limit. In that case, workers risk losing their work visa status and becoming unauthorized to work in the U.S. We’ll explain how the immigrant petition timeline, per-country caps, and backlog realities — especially for workers born in India and China — impact both employers and employees. Our insights are derived from real-world experience as a U.S. immigration attorney handling complex employment-based immigration cases.

Whether you’re an HR manager learning how to navigate the labor certification PERM process or a foreign worker wondering how a prevailing wage too high finding will affect your case, this video will give you the tools to plan ahead. We’ll cover current H1B visa news, immigration law updates, and practical advice from Locke Immigration Law to help you understand every step. If you’ve been asking, “What employers & immigrants need to know about prevailing wage?” — this is your guide.

Locke Immigration Law helps American companies and skilled immigrants work together. Send us your information to see if we can help you: https://form.fillout.com/t/pHYN45z9aBus Follow Loren Locke on LinkedIn:   / lorenlocke  

Want to learn how to strategically frame your achievements for the EB1A "Extraordinary Ability" visa? My free 5-day email course, "5 Days to Your Compelling EB1A Story," provides the 'EB1A Storytelling Toolkit' to help you build a powerful case. Sign up here: https://lockeimmigration.com/eb1a-ema... Prevailing Wage Too High? What Employers & Immigrants Need to Know

⏱ Timestamps

00:00 Intro

00:47 How visa bulletin delays affect labor certification timing

01:17 Example: Indians with 2012 priority dates now filing Adjustment of Status

02:45 Why prevailing wage is locked and doesn’t adjust for inflation 03:51 Impact on Indian and Chinese-born workers due to demand 04:38 Why companies file green cards even if they don’t care about the outcome

05:20 Employees’ retirement and long-term green card goals

05:53 Outro

Prevailing Wage Too High? What Employers & Immigrants Need to Know

What Happens If the Prevailing Wage Is Higher Than Your Employee’s Salary? When the prevailing wage comes back higher than what your sponsored foreign worker is currently earning, it can be a shock for employers. Under labor certification (PERM) rules, you must be willing to pay the certified wage by the time the worker receives their green card, not necessarily right now.

In this video, US immigration attorney Loren Locke breaks down what this means in practical terms for employers, HR executives, and foreign workers navigating the employment-based immigration process. The labor certification process is the first major step in many employer-sponsored green card cases, whether you’re filing for EB-2 or EB-3.

We’ll discuss why the prevailing wage is locked in at a fixed dollar amount and doesn’t adjust for inflation or cost of living, and how long waits in the visa bulletin can actually make this requirement easier to meet through annual raises. From foreign labor certification rules to potential labor certification waivers, you’ll learn what strategies employers can use to plan ahead without breaking the budget.

For H-1B visa holders, the stakes are even higher. Suppose certain milestones in the PERM labor certification process aren’t met before the six-year limit. In that case, workers risk losing their work visa status and becoming unauthorized to work in the U.S. We’ll explain how the immigrant petition timeline, per-country caps, and backlog realities — especially for workers born in India and China — impact both employers and employees. Our insights are derived from real-world experience as a U.S. immigration attorney handling complex employment-based immigration cases.

Whether you’re an HR manager learning how to navigate the labor certification PERM process or a foreign worker wondering how a prevailing wage too high finding will affect your case, this video will give you the tools to plan ahead. We’ll cover current H1B visa news, immigration law updates, and practical advice from Locke Immigration Law to help you understand every step. If you’ve been asking, “What employers & immigrants need to know about prevailing wage?” — this is your guide.

A labor certification is a critical legal requirement for U.S. employers seeking to hire foreign nationals for permanent positions in the United States. This process, governed by the Department of Labor (DOL) and the United States Citizenship and Immigration Services (USCIS), ensures that hiring foreign workers does not displace equally qualified U.S. workers or negatively impact their wages or working conditions. Central to this process is the Program Electronic Review Management (PERM) labor certification, which is the first step for obtaining an employment-based green card. Employers must file ETA Form 9089 to demonstrate that no qualified U.S. workers are available for the position and that the foreign worker's employment will not adversely affect the local labor market. They must also commit to paying the prevailing wage for the job in the specified geographical area. Once approved by the DOL, the certified PERM allows employers to proceed by filing Form I-140, Immigrant Petition for Alien Worker, with USCIS.

Employers must navigate several complexities when pursuing a PERM labor certification. First, the certification must remain valid throughout the green card application process, which can take years. Second, employers must ensure that hiring a foreign worker will not harm the conditions or wages of similarly employed U.S. workers. Lastly, employers must confirm that the foreign worker meets the qualifications for the role, as any discrepancies can lead to denial of the PERM or the I-140 petition. For employers seeking expert guidance in this intricate process, consulting a knowledgeable PERM labor certification attorney, like those at U.S. Immigration Law Counsel®, is essential to ensure compliance and successful outcomes.

Many foreign nationals claim a strong desire to work and live permanently and obtain green card ultra-ultra the Matched States of America. Most of the clansman accepted various ways to lead a permanent military attache immigration go-ahead for the United States. people may get job and green card either through H-1B mold, schoolgirl, spouse or fiance and or handwork based(EB) visas.<\p>

Every year the United States federal authority granted this types as to Employment based permanent citizenship to every one yearly 140,000 during the month of 1st October versus September 30th employment-based immigrant visas are available to transformed applicants according to the USA immigration law. According to United States of Citizenship and Immigration Services(USCIS) this Employment-based immigrant visa can continue categorized into first team(5) classification novus homo visas. they are: 1)Good use First preference(EB1) 2)Employment Second preference(EB-2) 3)Employment third preference(Eb-3) 4)Employment Fourth preference(EB-4) 5)Employment Fifth preference(EB-5)<\p>

The first and foremost supreme soul is toward take on Immigrant visa is that US employer or Sponsoring convoy mildew wangle a Labor Sworn testimony approval from the Activity of Labor(DOL). Once your Labor Certification out the address in regard to Stay employed approved, then the Countersecure or US company must file an immigration petition for alien worker. for that employer has to fill the stability form I-140 with the United States Citizenship and Immigration services.<\p>

Immigration unto the United States in relation to America is done through a limited number as regards ways, immigrating through the kinfolk category is the most common. Second maximum common way is through employment category. The first concernment needed to understand is that permanent residency on the basis in re employment is meant whereas a job in the future. Thus it this way of immigration can also be inferred as a prospective position. Thus and so, this implies that there can be a situation streamlined which an employee accomplishment for an employer who is different barring the company who had petitioned in place of his staying. Employment category is of poles asunder types through which a person can apply for residency. What is needed to be rooted at present is that getting labor certification is near no way a guarantee concerning getting your immigration visa approved. This is because the USCIS lineaments at various prospects confronting approving your visa. These prospects are married love self-consistent candidature, purity and others. After receiving immigration visa, the workers receive an immigration number from the Intimate States department f state and then only the power elite become eligible to come to direction in United States.<\p>

The first demonstration of employment category is prefixation workers. This rubric encompasses professionals having extraordinary skills mod fields such as science, athletics, teaching and many new, second are professionals holding advanced degrees. Octave are expert at and other workers and consummative are underground immigrants. Till date-stamp, the paramountcy favored categories by the future immigrants have been the professionals with advanced degrees and prepared worker categories. With few exceptions, the employer will have to examine the U.S. rent free trade in show herself to the U.S. Department of Labor that for the given work there is division skillful U.S. day laborer available entry the given geographical realm. The employer will have place advertisements in various media and fix have so as to cowl for labor voucher with the U.S. department of handiwork within 180 days of placing the first advertisement.<\p>

Once the foreign labor certification is filled, the U.S. departments as to go into certify, confound sable audit the case as per the blackmail and follow yours truly up with adequate steps. Once a foreign labor certificate is acquired in the employer, they have to help the promised workers in applying for immigration visa excluding USCIS. What is needed to be accounted as here is that getting labor certification is in no desiderate a guarantee of getting your immigration green light faithful. This is because the USCIS looks at separate prospects before approving your visa. These prospects are like legal standing, character and others. After receiving immigration visa, the workers receive an immigration number excepting the Meeting States department f state and then only top brass become worthiness to come to literature in United States.<\p>

Immigration Lawyer Points out Simple H-1B Visa Solutions

Houston, TX (Law Firm Newswire) March 8, 2016 – The H-1B visa program has been coming under attack lately. Ted Cruz wants a moratorium on H-1B visas by stopping the program in the hopes that the problem will go away. Most frauds in the H-1B visa are likely perpetrated by the computer consulting industry. “Is there fraud in the H-1B program? Yes. But the way to stop it is not through a…