mnop Posted January 12, 2012 Report Share Posted January 12, 2012 Is a candidate allowed to receive a Pay Increase while going through the PERM / I140 process? My perm was applied for recently and apparently, I'm just under the PW level so my employer wont really have a problem raising my wages to that level soon. But my annual review is approaching soon and I may qualify for a higher raise (which is much beyond the PW). Does the system restrict wage increases in any way, beyond the Prevailing Wage, at any point in the process? If so, how long is the candidate expected to be at the same wage level? As always, THANK YOU!! Link to comment
Attorney_20 Posted January 17, 2012 Report Share Posted January 17, 2012 There is no problem with the GC employer paying the beneficiary a wage higher than the PWD. Link to comment
mnop Posted January 17, 2012 Author Report Share Posted January 17, 2012 Thanks for the response Attorney. When my company was going through the recruitment process, apparently a few applications were received, interviews conducted, offers made and finally rejected by the interviewed candidates (hence my GC process was continued). I'm assuming that the offers had a salary figure included in them which is why the candidate rejected the offer. Can my increased salary be higher than the salary that was offered to the external candidate? Will that not raise a flag since an external candidate was offered one salary (which was slightly higher than my current) and then 2 months later my salary became higher than the offered salary? This is the scenario my employer believes and any feedback would help me get a better understanding of the regulations. Thanks a lot! Link to comment
mnop Posted January 20, 2012 Author Report Share Posted January 20, 2012 Can anyone review and respond? Thanks in advance! Link to comment
Sambit Mohapatra Posted January 21, 2012 Report Share Posted January 21, 2012 There will be no problem in getting a raise as long as your roles and responsibilities doesn't change much along with it. It doesn't matter if the other applicants rejected the offer for the salary offered as it is their personal choice. The salary offered must have been greater or equal to the PWD and that's what it counts for DOL. Link to comment
Attorney_20 Posted January 24, 2012 Report Share Posted January 24, 2012 The required wage for the labor is the higher of the prevailing wage or the wage offered to the beneficiary. As long as the wage offered to the applicants during the test of the U.S. labor market met the definition of required wage, there should be no problem. Often, employers and/or immigration attorneys will list a wage range on the labor that begins with the prevailing wage and goes up to the highest wage the company would pay for that position. In that scenario, it is appropriate to offer the low end of the range to job applicants. You need to check how the wage was listed in the labor to make sure it was done correctly. Link to comment
mnop Posted January 25, 2012 Author Report Share Posted January 25, 2012 Thanks again for the response. I confirmed with my attorney and the wage offer on the labor was not a range. Just one value which was just above the PW (and also above my current pay). So I guess that answers my question that I cannot expect a raise above the wage offer figure provided in the labor application. Once again, thank you! This forum continues to be a great source of truth!! Link to comment
mnop Posted January 25, 2012 Author Report Share Posted January 25, 2012 Not sure if I hit the right button to post my response. So if this is a duplicate, please ignore. Thanks for the info. I confirmed with the attorney and the wage offer on the labor application was just one figure which was just above the PW (and also my current wage). So I guess that answers my question that I cannot expect a raise above the figure that was submitted in the Labor Application. Once again, thank you!! This forum is a great source of truth!! Link to comment
shakiracrazy Posted April 20, 2012 Report Share Posted April 20, 2012 Hey mnop...i am in the similar boat...i got a pay raise during the PERM process ...my ads have prevailing wage but the wage offered in PERM app is higher then that.Did you have any issues in your PERM? Link to comment
mnop Posted April 23, 2012 Author Report Share Posted April 23, 2012 I got a minimal raise for Cost of living adjustment. My PERM got approved last week. Link to comment
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