GC filling


nani1984

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Hi,

Is it necessary to have pay 90K to file GC in VA area in EB2

 

I did my masters in USA and working on H1,

My employer said , inorder to file LC for GC, i need to have 90K/yr pay, so he is going to file on EB3.

My question is , is it true to have >90K to file labour for GC in VA state.

 

Thanks,

The pay range is completely dependent on the job being offered in your area and the requirements for that job. The exact amount would be determined based on the PWD that needs to be filed before LC.

 

As omshiv mentioned the EB determination is not based on the pay, but is completely based on the job and designation. Regardless of the the EB determination you would have to be offered a job that would be equal to or more than the salary that would be determined on the PWD. Keep in mind the PWD may vary for a particular job description based on the location too.. All the best! 

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Your employer could be right, although the way he presented or the way you presented as if the employer mentioned may not be correct.

 

Your employer would have to pay you a specific salary or higher upon you getting your GC. This salary is the prevailing wage, and determining this salary based on your job description is PWD. This salary is dependent on the location too. Visit flcdatacenter website and go to 'FLC Wage Search Wizard' and you can find this information - it's state and county specific. The employer/attorney may have an idea of the OES/SOC Title your position would map to. (The site also mentions the job duties for each OES/SOC Title, so you can do some mapping of your the proposed position to OES/SOC Title if you know your job duties. If you are in IT, check these 15-1111 through 15-1199 codes). When you have the OES/SOC Title, you can find out salary requirements. For EB2, if you are going based on 4 yr Bachelors+5 years of progressive experience, your salary should be >= Level 4 wage for the OES/SOC Title, after you get your GC. If you are applying based on Masters, I think your salary should be >= Level 3 wage of the OES/SOC Title, after you get your GC (I am not sure about this, this is just based on what I heard - confirm this with an immigration attorney - you may fall in this category). Your employer may already know these facts, and he may not be able to offer you the level 3 or level 4 wage, and hence probably doesn't want to proceed with EB2. 

 

However, as others mentioned, the job duties and the education/experience requirements of your proposed position determine the EB category. If the position's job duties and education/experience requires the position to be in EB2, and your employer does not want to do this, but rather change requirements to file under EB3 for a lower wage, it is manipulation, and even more, you are not being paid as others in your area for your job. 

 

Your current salary does not have to match or beat the prevailing wage to start your green card process; rather, you should be paid that salary when your GC is approved. 

 

I am just trying to help and I may even be wrong. Please do your research, consult a qualified immigration attorney and confirm facts before taking next step. Good luck.

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I truely agree with all the replies.

 

One thing, i want to highlight is when your perm is approved and then it goes to the i140 stage. USCIS asks the employers about their financials. They check if the employer is able to pay the wages. 

 

I am sure you must have done some research before getting into GC process. Ask employers why always? Most of the times employers do not even go to their attorneys for clarification.  Try to push that you need speak to the attorney and get into a call.

 

If the attorney is charging, its worth it... pay for it...  

 

All the best

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I truely agree with all the replies.

 

One thing, i want to highlight is when your perm is approved and then it goes to the i140 stage. USCIS asks the employers about their financials. They check if the employer is able to pay the wages. 

 

I am sure you must have done some research before getting into GC process. Ask employers why always? Most of the times employers do not even go to their attorneys for clarification.  Try to push that you need speak to the attorney and get into a call.

 

If the attorney is charging, its worth it... pay for it...  

 

All the best

Note that all charges related to PERM, including lawyer charges, have to be paid by the employer. That's the law!

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