The PERM prevailing wage determination we received is higher than the salary we are currently paying the sponsored employee, and we don’t want to increase their salary immediately. Is this a problem?

Answer

The company is only required to pay the sponsored employee the PERM prevailing wage once they receive their green card. However, the company must demonstrate the ability to pay the prevailing wage from the time the PERM application is filed until the employee receives the green card. There are times when the employer demonstrates this ability to pay by submitting payroll records showing the employee has been paid the proffered amount since the date the PERM was filed. So, in situations where the employer cannot otherwise satisfy the ability-to-pay requirement, paying the full salary can be beneficial. (18.Feb.2025)

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