H-1B Horror Story: The Prevailing Wage is Too High

HIGHLIGHTS

Exploring immigration-related forums is a great way to gauge how people nationwide are navigating the immigration process, successfully or not.

Recently when reading a popular message board, I came upon this message:

“My company sent a prevailing wage determination request (PWD) and the number that came back from the DOL is about 15% more than what I’m being paid. I think that number doesn’t make a whole lot of sense given my salary is very fair and I know American friends at other companies who make less than I do. Has anyone been in this situation and what did you and your employer do?”

This foreign national is very honest in what he or she believes is a fair wage. I could imagine a hiring or HR manager sharing the sentiment if they believe a prevailing wage determination was too high.

What should this person’s employer do?
First of all, they should consult their attorney. He or she can provide the best informed guidance on whether or not the prevailing wage is fair. To understand the determination, it’s helpful to grasp how the prevailing wage is calculated.

Here’s how Envoy defines prevailing wage:
The hourly wage or salary paid to the majority of workers within a particular area.

So, if the prevailing wage determination wasn’t accurate, chances are the job description doesn’t match industry standards of for role. You may be able to get an alternative determination from an independent authoritative source, just ask your attorney for guidance on the matter.

Need help with your prevailing wage determination? Contact us.

Interested in learning more? Download the complete Immigration Horror Stories series here.

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