I operate a travel agency and over half of our clients speak Chinese only. Now I need to recruit an agent, can I require language as business necessity?
A. Maybe. Under this circumstance, you must provide evidence that the foreign language is necessary to communicate with clients, customers or contractors. In practice, however, it is hard to challenge the DOL’s standards. Q. My employer is a sole proprietor and I am in H-1B status working for him. Currently he is paying me less than the prevailing wage set for LC but sufficient for the prevailing wage for set H-1B. Is he required to prove that he has the ability to pay for the PERM Labor Certification purposes? A. Yes. Although an employer is not required to pay the proffered wage until after the permanent residency is granted, the DOL regulations reflect that the employer must have the ability to pay. If he has not paid the prevailing wage set for LC, he needs produce evidence at time the application filed to demonstrate his ability to pay the prevailing wage.
Maybe. Under this circumstance, you must provide evidence that the foreign language is necessary to communicate with clients, customers or contractors. In practice, however, it is hard to challenge the DOL’s standards. Q: My employer is a sole proprietor and I am in H-1B status working for him. Currently he is paying me less than the prevailing wage set for LC but sufficient for the prevailing wage for set H-1B. Is he required to prove that he has the ability to pay for the PERM Labor Certification purposes? A: Yes. Although an employer is not required to pay the proffered wage until after the permanent residency is granted, the DOL regulations reflect that the employer must have the ability to pay. If he has not paid the prevailing wage set for LC, he needs produce evidence at time the application filed to demonstrate his ability to pay the prevailing wage.
Related Questions
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