Prevailing wage, help

[Tommi 0]

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

Am I if the company promises me to pay the prevailing wage or above by the approved date? We are filing for the job in the future, not at the moment right? Right now I am still under the OPT program.

[Tommi 0]

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...

Seems like I have 2 months to stay in the US after the OPT ends. Hmm

[Tommi 0]

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.

Thank you for the advice. I think experience and an improvement on the resume is pretty much valued too. When someone refers me as cheap labor, it makes me feel a bit bad though. It makes me want to go to grad school for better opportunities. (money is the issue though)

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

Thank you for the advice. I think experience and an improvement on the resume is pretty much valued too. When someone refers me as cheap labor, it makes me feel a bit bad though. It makes me want to go to grad school for better opportunities. (money is the issue though)

Well $12 an hour is NOTHING in NYC or the surrounding areas, you simply cannot live on such a wage. My husband hasn't even completed high school and second day in America he had a job paying better than that. $1900 a month isn't even enough to pay your rent and utilities in NYC. So, yes, it is like slave/cheap labor.

[Tommi 0]

Well $12 an hour is NOTHING in NYC or the surrounding areas, you simply cannot live on such a wage. My husband hasn't even completed high school and second day in America he had a job paying better than that. $1900 a month isn't even enough to pay your rent and utilities in NYC. So, yes, it is like slave/cheap labor.

Ya..Gotta go up from the ground.

Edited February 13, 2014 by Tommi

[Harpa Timsah 13,258]

Ya..Gotta go up from the ground.

No, if you re eligible for a H1B then you have a degree and are some sort of specialist in something. The visa is for trained specialist people, not burger flippers. You have a degree so you do not start from the very very bottom.

[Tommi 0]

No, if you re eligible for a H1B then you have a degree and are some sort of specialist in something. The visa is for trained specialist people, not burger flippers. You have a degree so you do not start from the very very bottom.

Good point, Harpa. A question though, am I stupid that I do what I am doing, or that the environment doesn't let me do what I am supposed to be doing? Hmm wait, I guess myself is just not good enough to compete with other international workers in bigger companies.

Anyway, I talked to my boss today and he agreed to pay the prevailing wage by Oct 1. Now it's really the time to bring in hard work to help the company succeed, and help myself.

[milimelo 4,539]

Good point, Harpa. A question though, am I stupid that I do what I am doing, or that the environment doesn't let me do what I am supposed to be doing? Hmm wait, I guess myself is just not good enough to compete with other international workers in bigger companies.

Anyway, I talked to my boss today and he agreed to pay the prevailing wage by Oct 1. Now it's really the time to bring in hard work to help the company succeed, and help myself.

Not going to happen. Filing time for H1B is April 1 - at that time your employer has to show that they not just need you but that they can't find an American to fill the job and pay the prevailing wage. Company financials come under scrutiny at that time. If no money to pay you - no visa.

[Tommi 0]

Not going to happen. Filing time for H1B is April 1 - at that time your employer has to show that they not just need you but that they can't find an American to fill the job and pay the prevailing wage. Company financials come under scrutiny at that time. If no money to pay you - no visa.

Ok, we will find out when my lawyer works with my employer. Thank you, I will take note.

[Boiler 45,912]

If you are paying for the Lawyer the least you should do is interview potential Lawyers and discuss fees.

[jan22 3,056]

Ok, we will find out when my lawyer works with my employer. Thank you, I will take note.

I know this has been said multiple times on this post, but it is the employer's responsibility to pay the fees (including lawyer fees) for filing the H1B petition. To quote from the Department of Labor's website:

The Department of Labor (DOL) takes the position that it is the employer's responsibility to pay for the preparation and filing of an H-1B visa petition - it considers this to be a business expense of the employer; indeed the DOL's regulations state: "Where the employer depresses the employee's wages below the required wage by imposing on the employee any of the employer's business expenses, [including attorney's fees for preparation and filing of the H-1B visa petition], the Department will consider the amount to be an unauthorized deduction from wages, even if the matter is not shown in the employer's payroll records as a deduction."

And, again from DOL:

Illegal Deductions: Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee; or to pay a financial penalty for leaving employment before a date set in the employment contract; or to pay employer business expenses (such as attorneys fees for preparation and filing of the H-1B Labor Condition Application).

Trying to conceal that you are paying these fees may backfire on both you and your employer -- for you, personally, it might result in a permanent ban if it is deemed that you have attempted to get a visa through fraud and/or misrepresentation.

Just trying to ensure that you understand all of the ramifications of what your are proposing.

[Tommi 0]

I know this has been said multiple times on this post, but it is the employer's responsibility to pay the fees (including lawyer fees) for filing the H1B petition. To quote from the Department of Labor's website:

The Department of Labor (DOL) takes the position that it is the employer's responsibility to pay for the preparation and filing of an H-1B visa petition - it considers this to be a business expense of the employer; indeed the DOL's regulations state: "Where the employer depresses the employee's wages below the required wage by imposing on the employee any of the employer's business expenses, [including attorney's fees for preparation and filing of the H-1B visa petition], the Department will consider the amount to be an unauthorized deduction from wages, even if the matter is not shown in the employer's payroll records as a deduction."

And, again from DOL:

Illegal Deductions: Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee; or to pay a financial penalty for leaving employment before a date set in the employment contract; or to pay employer business expenses (such as attorneys fees for preparation and filing of the H-1B Labor Condition Application).

Trying to conceal that you are paying these fees may backfire on both you and your employer -- for you, personally, it might result in a permanent ban if it is deemed that you have attempted to get a visa through fraud and/or misrepresentation.

Just trying to ensure that you understand all of the ramifications of what your are proposing.

Thank you for making this clear. I will talk to my employer about it. I will be so happy if I don't have to pay the fee.

I believe with my hard work, I will help the company grow.

Edited February 14, 2014 by Tommi

[Harpa Timsah 13,258]

I think, even by giving this company the time of day, you are proving yourself to be a sucker. A sucker that can be manipulated, underpaid, and mistreated. A sucker that won't be able to leave too easily because of the H1B reqs. A sucker who can have the visa lorded over him whenever he doesn't do exactly as the employer says, or when he doesn't want to pay whatever fee the employer comes up with.

Why don't you find a legit job and company?

[Owen_London 65]

I think, even by giving this company the time of day, you are proving yourself to be a sucker. A sucker that can be manipulated, underpaid, and mistreated. A sucker that won't be able to leave too easily because of the H1B reqs. A sucker who can have the visa lorded over him whenever he doesn't do exactly as the employer says, or when he doesn't want to pay whatever fee the employer comes up with.

Why don't you find a legit job and company?

Yes, I completely agree. If you will be paid $12, and presumably are paid that or even less now, I don't even understand how you'd be able to pay the lawyer's fees without it being a huge hardship.

[Owen_London 65]

Thank you for making this clear. I will talk to my employer about it. I will be so happy if I don't have to pay the fee.

I believe with my hard work, I will help the company grow.

Firstly, I think you are fooling yourself.

Secondly, if you really do have reason to believe that this company will grow with your help, then get them to pay a significant proportion of company stock. That's how remuneration works for start-ups.