LCA offered wage lower than w2 gross pay but greater than prevailing wage


mck

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Posted

Hi,

My w2 gross salary is 58.8k

in LCA the wages are mentioned as

Wage Rate(Required): 60k.

Prevailing wage: 52.6k

Will this cause a problem when filing i140, i485 or when I go for stamping?

Posted

An employer sponsoring an employee for H-1B classification must pay the required wage. Anything else, even if it is above the prevailing wage, is not in compliance with the law and can potentially be raised as an issue for an employer if the employer is being investigated by the USCIS or Department of Labor and/or the employee if they are seeking immigration benefits, such as a visa at a U.S. consulate or embassy abroad.

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