US Immigration Policy Visas - H-1b, L-1, E, O, TN

New Prevailing Wage Rules Go Into Effect

As expected, the DOL has published its new immigration prevailing wage rules. To call the new wages “prevailing wages” is a misnomer and an utter falsehood. The new wages published are premium wages designed to discourage US employers from ever hiring an H-1b worker. The DOL has not even made any pretense of claiming that the new wages represent a market wage by declaring that for entry level employees, those described as “beginning level employees who
have only a basic understanding of the occupation” i.e. new grads, the wage is set at the 45th percentile of all wages in the occupation. The notion that an entry level employee should be paid at near the median wage level is absurd. The new wage scheme would have US employers in the Washington DC area pay an entry level Applications Developer i.e. Java programmer, a wage of $114,400 immediately after graduation. Under the prior prevailing wage rules, that level wage would be reserved for those employees with significant experience. Federal litigation is expected soon.

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