What should be my salary for filing EB2 labor above PREVAILING WAGE ?

[Dattguru]

I have an approved EB3 Labor and I-140 ( Priority Date May 2008) , with a FULL TIME position with a American Company. I have been with this company since 2005.

Now since i have a total IT experience of 13+ years with ( 6 years outside the current company in INDIA ) and my role has been changed from a Network Administrator to a Technical Project Manager, my company has decided to refile my Labor in EB2 category.

We discussed about the same with my attorney and he says that the only issue he sees is the SALARY . I am being paid 65k currently and likely to get a $5k raise by December. So maximum it would be 70k annualy.

My Lawyer says that my salary needs to be higher as follows:-

Area Code:

16974

Area Title:

Chicago-Naperville-Joliet, IL Metropolitan Division

GeoLevel:

1

OES/SOC Code:

15-1142

OES/SOC Title:

Network and Computer Systems Administrators

Level 1 Wage:

$24.53 hour - $51,022 year

Level 2 Wage:

$30.92 hour - $64,314 year

Level 3 Wage:

$37.30 hour - $77,584 year

Level 4 Wage:

$43.69 hour - $90,875 year

Mean Wage (H-2B):

$37.30 hour - $77,584 year

This wage applies to the following O*Net occupations:

15-1071.00 Network and Computer Systems Administrators

Install, configure, and support an organization's local area network (LAN), wide area network (WAN), and Internet system or a segment of a network system. Maintain network hardware and software. Monitor network to ensure network availability to all system users and perform necessary maintenance to support network availability. May supervise other network support and client server specialists and plan, coordinate, and implement network security measures.

O*Net™ JobZone: 4 -- Education & Training Code: 5-Bachelor's degree

1. Is there any chance that i can file a new EB2 labor with a salary of $70K annually ?

2. If i am meeting the criteria of PREVAILING WAGE for my state , why does my salary need to be higher than 70K ?

[Attorney_20]

The answer to your first question depends on what the minimum requirements are for the proffered position. If the job only required a Master's degree, the PWD is likely to come back at a lower level (i.e., Level 1 or Level 2). But if the job required a Bachelor's degree + 5 or more years of experience, the PWD would almost certainly come back at the Level 4 wage. In either scenario, the case can be processed in the EB2 category but the wage would be drastically different.

Your second question is not very clear. If the proffered job requires travel and/or relocation and you will work in a location other than the company's headquarters (which is in the Chicago area presumably), then the company needs to obtain a PWD based on the headquarters location.