Prevailing wage, help

[milimelo 4,539]

The company is trying to get funding. I want to see how it works too, as I am on board with that. There's not really time to look elsewhere anymore.

Question: would this case go through?

Based on what you wrote so far, absolutely not.

[christeen 966]

I thing the company is underpaying by a huge amount and frankly is either totally naive about h1b process OR a scam. For $12 an hour, you can work in NYC at most unskilled jobs (think food service or retail type positions) and unless you have housing you fill find life difficult. I think this screams of desperation and a company taking advantage of that and probably will not pass the smell test for the granting of an h1b. And there are fees that are "non-negotiable" from the us legal system... I hope you can either "negotiate" better or find a real position for your skills.

[Avery Cates 1,141]

Unless you're living in a mud hut somewhere it's probably not worth making the trip for $12 an hour, UNLESS they're also providing you with sufficient and nice housing at no cost. Then you're looking at it being closer to worth it.

[Boiler 45,912]

So let me get it right.

Company pays fees, c $2,500. You can look them up.

You appoint and pay Lawyer.

Lawyer fees are of course variable.

How many Lawyers have you talked to, what have they said about your case?

[ManCharsey 254]

I would suggest you tread cautiously. 12/hr for the position they are giving you is very low. And besides they're making you pay for some of the cost of the visa and legal fees. Be careful you don't get swindled.

[Cathi 5,782]

scan scam and SCAM

[Tommi 0]

So let me get it right.

Company pays fees, c $2,500. You can look them up.

You appoint and pay Lawyer.

Lawyer fees are of course variable.

How many Lawyers have you talked to, what have they said about your case?

My lawyer said that the H1b will not go into effect until October 1 so as long as the employer is willing to guarantee to pay the prevailing wage by Oct 1, then it will work. My boss promised me he will increase the wage with no problem once the money starts to kick in. We are working on that - we are a startup looking for funding. I am on board with all that and I feel like this is a risky game. However, the time is tight. It's only a few days until I have to start the preparation process so I don't think I have time to find someone else... Most of all, I feel like this is a good opportunity for me to gain experience, (I just graduated last year) but yes money is an issue.

Edited February 13, 2014 by Tommi

[Tommi 0]

I thing the company is underpaying by a huge amount and frankly is either totally naive about h1b process OR a scam. For $12 an hour, you can work in NYC at most unskilled jobs (think food service or retail type positions) and unless you have housing you fill find life difficult. I think this screams of desperation and a company taking advantage of that and probably will not pass the smell test for the granting of an h1b. And there are fees that are "non-negotiable" from the us legal system... I hope you can either "negotiate" better or find a real position for your skills.

Life has been difficult for me since I got here 6 months ago after school. Unpaid internships and such. Things actually get better now as I have gained more experience. I do wish I could "negotiate" better, and I guess you are right about desperation.

[AmyWrites 593]

You're being scammed.

[SBB 74]

Life has been difficult for me since I got here 6 months ago after school. Unpaid internships and such. Things actually get better now as I have gained more experience. I do wish I could "negotiate" better, and I guess you are right about desperation.

You did an unpaid internship? The company that you did that unpaid internship may very well have violated wage and hour laws. If any of the following conditions didn't apply to you, you might want to look for a lawyer and see if you can get paid back wages from your previous employer.

http://www.dol.gov/whd/regs/compliance/whdfs71.pdf

Note the six criteria:

1. The internship, even though it includes actual operation of the facilities of the employer, is similar to

training which would be given in an educational environment;

2. The internship experience is for the benefit of the intern;

3. The intern does not displace regular employees, but works under close supervision of existing staff;

4. The employer that provides the training derives no immediate advantage from the activities of the intern;

and on occasion its operations may actually be impeded;

5. The intern is not necessarily entitled to a job at the conclusion of the internship; and

6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the

internship

Most unpaid internships violate 1, 3, and 4.

[jan22 3,056]

Life has been difficult for me since I got here 6 months ago after school. Unpaid internships and such. Things actually get better now as I have gained more experience. I do wish I could "negotiate" better, and I guess you are right about desperation.

What is your current status in the US? How are you managing to work, even in unpaid jobs?

Another thing to consider -- there is no guarantee, even if you pay the processing costs (most of which are illegal for you to pay), that the H1B petition will be approved regardless of the wages being paid. There have been more HIB petitions filed than the number of visas authorized by Congress in most of the past 10 years or so -- certainly that has been the case in the past couple of years and it is likely to be so this year. So, what USCIS does is close off new applications a couple weeks after the application period opens and then holds a lottery to draw the lucky cases that will actually be processed for the H1B petitions. No promises yours would be one of them.

The first step the company needs to do is file for a LAbor Certification from the Department of Labor, indicating they cannot find a US citizen to do the proposed job, describe the position, and indicate the wages to be paid. The DOL will determine if that meets the prevailing wage for the area for the profession indicated. I, as the other posters have said, do not believe that $12/hour is going to do it. (If you have read any of the news reports about the Indian diplomat who got in trouble over her nanny/housekeeper's visa, they all included the information that the prevailing wage for a house maid is $9.75 per hour, just to give you a comparison.

Edited February 13, 2014 by jan22

[Tommi 0]

You did an unpaid internship? The company that you did that unpaid internship may very well have violated wage and hour laws. If any of the following conditions didn't apply to you, you might want to look for a lawyer and see if you can get paid back wages from your previous employer.

http://www.dol.gov/whd/regs/compliance/whdfs71.pdf

Note the six criteria:

1. The internship, even though it includes actual operation of the facilities of the employer, is similar to

training which would be given in an educational environment;

2. The internship experience is for the benefit of the intern;

3. The intern does not displace regular employees, but works under close supervision of existing staff;

4. The employer that provides the training derives no immediate advantage from the activities of the intern;

and on occasion its operations may actually be impeded;

5. The intern is not necessarily entitled to a job at the conclusion of the internship; and

6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the

internship

Most unpaid internships violate 1, 3, and 4.

Lol, a lot of time I felt like I was doing the same work other employees were doing, and it was not the only time. It's been a climb for me. From not being able to find an internship (very competitive here) --> be able to have one --> get paid for that internship --> get a position. I have always worked for 2-3 companies at the same time to maximize the chance.

[Tommi 0]

What is your current status in the US? How are you managing to work, even in unpaid jobs?

Another thing to consider -- there is no guarantee, even if you pay the processing costs (most of which are illegal for you to pay), that the H1B petition will be approved regardless of the wages being paid. There have been more HIB petitions filed than the number of visas authorized by Congress in most of the past 10 years or so -- certainly that has been the case in the past couple of years and it is likely to be so this year. So, what USCIS does is close off new applications a couple weeks after the application period opens and then holds a lottery to draw the lucky cases that will actually be processed for the H1B petitions. No promises yours would be one of them.

The first step the company needs to do is file for a LAbor Certification from the Department of Labor, indicating they cannot find a US citizen to do the proposed job, describe the position, and indicate the wages to be paid. The DOL will determine if that meets the prevailing wage for the area for the profession indicated. I, as the other posters have said, do not believe that $12/hour is going to do it. (If you have read any of the news reports about the Indian diplomat who got in trouble over her nanny/housekeeper's visa, they all included the information that the prevailing wage for a house maid is $9.75 per hour, just to give you a comparison.

My current status is F1 with one year OPT, which ends in September. I am legally working here.

I believe creating all the above strategies and making things work are the job of the lawyer. I am not sure about the overloaded thing, but we plan to have the application arrive by April second.

In regard to the $12/hour, I think we will have to file with higher wage and hope that the company will be able to pay me that amount by Oct. This seems like a risky game for me.

By the way, my job title is still open, but it's something close to marketing specialist. Seems like the wage is around $25 in the NYC area.

Edited February 13, 2014 by Tommi

[kzielu 1,149]

So you're not going to be able to get H-1B anyway as you'll be out of status in October. Unless your intent is to go back...

[N-o-l-a 7,168]

So basically you are attempting to defraud the US government by lying about the wage you've been offered.