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Hari0861

Prevailing Wages when onwards will be effective for employee

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Hi Experts,

My H1B LCA Prevailing Wage is having 77K and my Green Card EB3 is in process Prevailing Wage is having 86K.  Now my Perm is certified on  4/8/2019.

What employers need to pay to employee?(As per H1b LCA   (or) as per GC PERM)

When onwards employer will pay GC Prevailing Wage to employee? 

Could you please let me know if any body faced like this similar situation. 

Edited by Hari0861

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The amount shown in prevailing wage need to be paid as soon as you receive GC in hand. Your employer basically agrees to pay you at least that much during LCA application. It is obligation on employer part.

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Hi Care_Candidate,

Thanks for providing good information.  By seeing USCIS RFE template  I have confused and can check with experts for correctness, that is the reason i have raised this query in this form.

I have uploaded here uscis ability to pay RFE template for reference.  the below is from that template.

 

Ability to Pay Wage: You must show you have the ability to pay the beneficiary’s offered wage of ([insert offered wage]) from the priority date of [insert priority date], and continue to have the ability to pay the beneficiary’s offered wage until the beneficiary obtains lawful permanent residence.

 

You may still submit evidence to satisfy this requirement. Evidence may include, but is not limited to one of the following types of required initial evidence:

In addition to the above, you may submit any other additional evidence which includes, but is not limited to:

Documentary evidence which shows you have paid the beneficiary the offered wage from the priority date onwards if you currently employ the beneficiary. (Please note that you may submit evidence of the wages you have paid to the beneficiary, even if the wages were/are below the offered wage if you would like that evidence to be considered along with your other financial evidence for the relevant time period.) Evidence of wages paid to the beneficiary may include:

. The beneficiary’s Form W-2, Wage and Tax Statements;

o The beneficiary’s Form 1099-MISC, Miscellaneous Income;

o The beneficiary’s pay vouchers, which specify the length of the pay periods and show the beneficiary’s gross or net pay, year-to-date income, income tax deductions, and tax withheld; and

o Your Form 941, Employers Quarterly Federal Tax Form, and your state’s unemployment compensation report form for [insert quarters]. Also submit the accompanying supplement that identifies all employees by name and social security number. Your organization may redact the employees’ addresses and all but the last four digits of their social security numbers.

 

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