Wednesday, 22 June 2016

American Work permit – Official Rules & Regulations of American Work Visa

Wage Requirement and the Prevailing Wage Rate Information

The prevailing wage rate is defined as the average wage paid to similarly employed workers in the requested occupation in the area of intended employment.
The Immigration and Nationality Act (INA) requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of US workers working in the occupation in the area of intended employment. One of the major ways of ensuring this is by the regulatory requirement that the wages offered on labor certification applications must be the prevailing wage rate for the occupational classification in area of employment.

The requirement to pay prevailing wages, as a minimum, is true of virtually all employment based visa programs – permanent and temporary. However, in certain programs, such as H1B (temporary specialty occupations), the employer is required to pay the prevailing wage or the actual wage paid by the firm to worker with similar skills and qualifications, whichever is higher.     

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