I-140

[din123]

My labour certification got approved now filing for i140, my prevailing wage is 120,000/year, my attorney is asking my company to give a letter in support of I140 filing stating that company will pay me $120,000 once i will get green card, my question, is this mandotary to get this kind of letter for filing i140? as my company is saying that i can' t give that letter but can give a letter which will say that 120,000 will also include per diem and benefits. Please advice.

[Belle]

Yes, the company must pay at least prevailing wage to hire someone permanently. Per diem and benefits don't count. However, the letter is generally needed for I-485, not I-140. The company may choose to have the I-140 filed with the prevailing wage, but then you will have to wait until you hit that wage to file I-485.

P.S. This is very high wage. Get a second opinion from an experienced lawyer if such wage is really necessary.