Pay raise during the PERM / I140 process


mnop

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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!!

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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!

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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.

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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!!

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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!!

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