Is an experienced worker’s prevailing wage higher than an inexperienced worker in the same occupation?
A. Not necessarily. The Department of Labor uses a two level system within a job classification to determine the prevailing wage, namely Level I, and Level II. Multiple factors will be considered in determining a position’s level. Experience is relevant, but not determinative. Put it in another way, a position cannot be determined as to be at Level II simply because the beneficiary has been in the position for a number of years. More than often, it demands a case-by-case analysis. 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 Labor Certification purposes? A. Yes. Although an employer is not required to pay the proffered wage until after the permanent residency is granted, DOL regulations reflect that the employer must have the ability to pay. If he has not paid the prevailing
