Prevailing Wage Determination came out to be way higher than current salary

Recommended Posts

HI all -

I'm currently on an H1-B, and my green card was filed by my employer through EB3 a while back. My employer recently agreed to re-file my application through EB2 since I have changed roles since then. During the initial prevailing wage determination, INS came back with a wage $ 50,000 more than what I am currently making. My company lawyers wrote back to INS indiciating that they had incorrectly categorized my role; but INS refused to relent.

Obviously, my company is not ready to commit to paying me $ 50k more for my current role (they do understand it wont be reqd till after the GC is approved). My company is a large organization with 13,000 employees, and nobody in a similar role makes that much. I agree with them that INS has picked up an incorrect classification.

However, because of this, my move to EB2 is stuck and I cant proceed further.

I have already been waiting for 7 years now in EB3 and my priority date hasnt moved much.


Any other suggestions or ideas on how to get past this issue?

Link to comment

The attorneys did receive a response that said that per the classification determined by INS the salary should be 50k higher. The attorneys office did not have any suggestions for how to proceed beyond that, so was just curious to see if anyone had any suggestions or had come across something similar before.

Link to comment


This topic is now archived and is closed to further replies.