Should EB2 Prevailing Wage and the Current Salary match

[vpolasa]

My Current Employer filed for EB2 PERM in Jan 2012. My PERM is under audit. My current salary is less than the Prevailing Wage for EB 2 PERM with difference of 16,000.

1. Is it mandatory that my current salary be equal or more than the Prevailing Wage.

Few of my friends told that, since the EB 2 PERM is for prospective future employment, it is not mandatory for the salary to match the prevailing wage.

Few others, have the salaries match with the Prevailing Wage ever since the PERM process started. They say that the PERMs and the I-140 are automatically getting rejected, if the current salary doesn't match the Prevailing Wage of EB2.

I am afraid, that my PERM and I-140 could be denied for this reason.

Please advise.

[redgreenbluee]

please consult a lawyer.

no, it does not need to match. your current salary can be lower but your employer needs to show ability to pay you with PERM prev wage for your application to be approved (part of I-140).

My Current Employer filed for EB2 PERM in Jan 2012. My PERM is under audit. My current salary is less than the Prevailing Wage for EB 2 PERM with difference of 16,000.

1. Is it mandatory that my current salary be equal or more than the Prevailing Wage.

Few of my friends told that, since the EB 2 PERM is for prospective future employment, it is not mandatory for the salary to match the prevailing wage.

Few others, have the salaries match with the Prevailing Wage ever since the PERM process started. They say that the PERMs and the I-140 are automatically getting rejected, if the current salary doesn't match the Prevailing Wage of EB2.

I am afraid, that my PERM and I-140 could be denied for this reason.

Please advise.

[vpolasa]

I had a telephonic consultation from Senior Attorney from Murthy.com. He said the prevailing wages and the current salary need not match.

When I discussed this with my employer, he's saying if I get an RFE (as my current salary is less than the prevailing wages), chances are the company might not have enough funds to show the ability to pay me with PERM prev wage during my RFE period and my GC might be rejected.

His suggestion is, he will show my current salary as the prevailing wage and I need to pay the tax for the balance ($16k) which may be around $3000/yr till I get my GC.

Can I take the risk and ask my employer to file my GC with my current salary?

[catx]

His suggestion is, he will show my current salary as the prevailing wage and I need to pay the tax for the balance ($16k) which may be around $3000/yr till I get my GC.

Can I take the risk and ask my employer to file my GC with my current salary?

Did I read your post correctly -- are saying that your employer will state that they are paying the prevailing wage, but will not be paying you that and you need to pay additional taxes. Even if I am reading it wrong it sounds highly suspect – so in a word NO, do not take the risk!

If your employer is not willing (and able) to pay the prevailing wage straight out (with no complications, kickbacks, etc.) then simply put, you are not eligible for employment based immigration with that employer and job.

If your employer is willing to state that they are paying you a wage they are not, then they are willfully falsifying information to the government and committing FRAUD. The best case is your application will be rejected, but there are potentially worse outcomes, including getting barred from the U.S. for years.

Such essentially criminal behavior by employers with H-1B and L-1 visa is a major contributor to the employment immigration mess that affects us all. Find a new, job with an upstanding, honest, employer. Do not be part of the problem.