H1 b for non-profit – Wage determinations – OES wage levels – for a promotion

[kkl18]

Question: Is my future job eligible for level 2 OES wage level or not?

Background: I am working (as a Junior or Associate) in a non-profit organization since last 3 years and on H1B since 2013. Recently, I have been approached by my department heads itself for a Senior level position. Everything went well and they are ready to offer me the position. BUT – our internal attorney or H1B office gave a big shock to us, when we approached them about this.

According to them: my current job is level 1 and the new Sr. level position comes under level 3 http://www.flcdatacenter.com/– there by the prevailing wage should be a minimum of $73,070 – which my department can only offer in dreams. My dept have mentioned that they can offer up to, $65,000 only. Hence, I am going to lose this opportunity.

Limitations: As soon as I am aware of this, I did my research. From what I found ( page 7 from http://www.flcdatacenter.com/download/NPWHC_Guidance_Revised_11_2009.pdf), If a position title has Sr or Lead or something like that AND a supervisory function then, most likely there is a chance that it is level 3. BUT – my job description is silent on ‘supervisory’ part – although it has the Sr. title in it.Per the job description, Bachelors is required + 4 years of experience and masters is preferred (I have a MS degree too). Does that give any hope?

Bottom line: If I can provide some evidence back to my directors that my future job is level 2 then, there is a chance to secure the position by defending with the internal H1 office. So, I would much appreciate if anyone can offer any guidance or further info on this.

Thanks for reading.

[jairichi]

Question: Is my future job eligible for level 2 OES wage level or not?

Background: I am working (as a Junior or Associate) in a non-profit organization since last 3 years and on H1B since 2013. Recently, I have been approached by my department heads itself for a Senior level position. Everything went well and they are ready to offer me the position. BUT – our internal attorney or H1B office gave a big shock to us, when we approached them about this.

According to them: my current job is level 1 and the new Sr. level position comes under level 3 http://www.flcdatacenter.com/ – there by the prevailing wage should be a minimum of $73,070 – which my department can only offer in dreams. My dept have mentioned that they can offer up to, $65,000 only. Hence, I am going to lose this opportunity.

Limitations: As soon as I am aware of this, I did my research. From what I found ( page 7 from http://www.flcdatacenter.com/download/NPWHC_Guidance_Revised_11_2009.pdf), If a position title has Sr or Lead or something like that AND a supervisory function then, most likely there is a chance that it is level 3. BUT – my job description is silent on ‘supervisory’ part – although it has the Sr. title in it.Per the job description, Bachelors is required + 4 years of experience and masters is preferred (I have a MS degree too). Does that give any hope?

Bottom line: If I can provide some evidence back to my directors that my future job is level 2 then, there is a chance to secure the position by defending with the internal H1 office. So, I would much appreciate if anyone can offer any guidance or further info on this.

Thanks for reading.

I would suggest you to consult an independent attorney like one from murthy law firm.

[t75]

The supervisors who proposed this promotion should discuss this with the attorneys. The job should have a defined description that must be used; it cannot be created to justify a position for you.