How it Works
Our FLC Prevailing wage tool allows you to determine the correct prevailing wage level by inputting the employer’s minimum requirements and the work location zip code.
How is our site different than flcdatacenter.com?
flcdatacenter.com does not tell you the correct prevailing level based on the employer’s minimum requirements for the position.
Instead it provides a 36 page pdf called Prevailing Wage Determination Policy Guidance for Nonagricultural Immigration Programs; Revised November 2009 (Includes appendicies A and B) which has instructions on how to correctly select the proper wage level based on the employer’s minimum requirements for the position.
Out of frustration with performing manual calculations for each employment based immigration case we built an application with an algorithm that calculates the correct prevailing wage level based on the above instructions provided by the DOL.
This allows you to simply select the proper occupational title, enter the work location zip code and enter the minimum requirements for the position.
The application will then calculate the correct prevailing wage and level.
Why is this Important?
This application allows Employers and HR to accurately predict the prevailing wage for a position and adjust the offered salary accordingly.
It allows the beneficiary of an employer sponsored petition to quickly see the correct prevailing wage level based on the employer’s minimum requirements for the offered position.
Immigration attorneys who prepare employer based petitions can use this app when preparing an ETA 9035 Labor Condition Application (LCA) for H-1B, H-1B1 and E-3 petition as well as accurately predict the prevailing wage determinations for PERM petitions.
Request for Evidence (RFE) for Incorrect Wage Level
Below is a recent RFE issued by USCIS for an H-1B petition. The wage level in the LCA did not match the employer’s minimum requirements for the petition as indicated in the employer’s offer letter and USCIS petition/cover letter.
“As indicated in Matter of Simeio Solutions, LLC, 26 I&N (AAO 2015), USCIS must determine whether the attestations and content of the LCA correspond to and support the H-1B visa petition.
Accordingly wage levels are relevant, and USCIS reviews the LCA to ensure that the wage level designated by the petitioner corresponds to the proffered position.”