Wages and Salaries

DOL PERM and Prevailing Wage Determination Processing Times Updated

10 years ago By Chief Editor

The processing times has been updated for PERM and NPWC. Please check the links below.

PERM Processing Times (as of 02/05/2014)

NPWC Processing Times (as of 1/14/2014)

Importance of having continuity of employment/pay stubs

14 years ago By Rajiv S. Khanna

Here is a question from our clients-only extranet.

Concerns regarding nonpayment of wages and potential H-1B impact

1 month ago By Chief Editor

Question details

I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?

FAQ Transcript

If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:

File a complaint with the U.S. Department of Labor's Wage and Hour Division.
You can file online or by phone (search for "LCA complaint US Department of Labor").
This complaint serves as evidence explaining the lack of pay stubs during future H-1B transfers.
Employers must start paying when you're ready to work or within 30 days (if coming from outside the US) or 60 days (if already in the US), whichever is earlier.
Filing a complaint may help you recover unpaid wages and protect your ability to transfer your H-1B in the future.

Read more about Concerns regarding nonpayment of wages and potential H-1B impact

USCIS Issues Guidance on Analyzing Employers’ Ability to Pay Wages

1 year ago By Chief Editor

Release Date

03/15/2023

U.S. Citizenship and Immigration Services issued policy guidance (PDF, 313.21 KB) on how USCIs analyzes an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications.

Filing multiple PERM applications, PERM Recruitment period, and Processing Times for PWD (Prevailing Wage Determination)

1 year ago By Chief Editor

Question details

Can we file two PERM simultaneously, one for the current job level and one for the future promoted level? My employer filed my green card based on my master's degree and no experience as a job requirement. So, what are the chances it will pass recruitment during PERM, keeping the current recession in mind?

FAQ Transcript

Technically, you can apply for two jobs like this because they are two different jobs. Definitely when there are specific skill requirements the chances of success are a lot better.

Explaining PERM Prevailing Wage Determination (PWD) and its elements

1 year ago By Chief Editor

Question details

I am on the H-1B visa right now, still in my initial 3-year window, have this query about Prevailing wages In the Perm process. My company is filing Perm under the EB2 category, it was submitted in September 2022, and the current wait time is around 8-10 months so I am still waiting to hear back from authorities.

1. I had asked my lawyer for a copy of the PWD, but they said it is a company document. Is that correct?

2. When I asked about the wages mentioned in the document, they told me the figure is 123k $ and would be paid to me after the green card is received. This prevailing wage figure is 35% higher than my current wages. Does the prevailing wage figure include cost to the company? ( insurance,401k plan for which company pays for me) or is this figure to be paid to me as a yearly salary? Also, being an Indian, and Since mine is EB2 filing, I may not receive a green card until the next 15-20 years. Is there a way I can negotiate for this salary after the perm is approved?

FAQ Transcript

The answer is Yes, because it is the employer's property.
One of the things you can do is, if you are trying to get a document from your file, you can check with the BAR which is typically governed by the Supreme Court of the state, the highest court of the state where the lawyer is admitted. You can find out what the rules are and they are usually very good about talking to members of the general public. Regarding the salary it is up to you, but there is no law that requires the employer to pay you right now. It is a future salary. For more information on what the wages should be you go to flcdatacenter.com.

Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1

2 years ago By Chief Editor

Question details

I am currently on F-1 Stem OPT, and my H1B got approved this year a few days back. My current company is shutting down its operations and moving everything to Mexico.
1. They have given me the last date of employment as 31st October 2022. So my question is how soon can I change my employer and can I transfer my H1B to a new employer before 1st October 2022?
2. Also, if I can do my visa transfer only after October 1st 2022,?
3. Can I do that with 1 paystub, or will I require 2 paystubs?

FAQ Transcript

1. You are fine because you are going into the fiscal year of the government, which begins on October 1st and that makes you exempt from the H-1B quota forever.
2. You can change your employer even now if your current employer won't revoke before October 1st. If you are nervous about that you can file for a transfer after October 1st.
3. You do not need any particular number of pay stubs.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.