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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