Company filing Manager under EB3 category

[shalinim185]

Hello,

 

I am a technical manager in a Fortune 100 company. I have 20 engineers reporting to me and am in-charge of their hiring, firing, appraisals, etc. I have an approved I-140 in EB2 with priority date in 2013 from my previous employer, where I was an Engineer.

 

At my current job, I am being paid within the range suggested by my LCA (H1B transfer), but I am getting paid less than the prevailing wage per the LC (PERM filing) for the SOC code, experience, job level that I'm doing.

 

When my current employer started my GC process, the SOC code, experience, job summary for my LCA and LC were the same. From my research of public prevailing wage data for LC filing I discovered that I am being paid less than the prevailing wage. The job summary initially prepared by my boss needed BS + 5 years work-experience, but in order to compensate for the lower wage they are reducing the work experience to BS + 1 year, which puts me under EB3. Essentially my company is now tailoring my job summary on LC to fit the lower wage being paid to me.

 

So not only am I being paid lesser than LC min wage (for the actual job I do), but it's also pushing me into EB3. I do believe my American peers are getting paid a similar wage as mine. I am happy at the job otherwise and do not want to leave.

 

Here are my questions:

1. What recourse or options do I have at this time?
2. What can my employer do to keep me in EB2, while paying the same wage? They will not increase my wage either now or once GC is approved.
3. Is there legal action I can take?
4. Can the wages be different between LCA and LC?

Thank you for reading.