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Chris Musillo on Nurse and Allied Health Immigration

2010-11 OES Wages Have Been Released

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On July 1 of every year the US Department of Labor's Foreign Labor Certification Data Center is updated to reflect the 2010-11 USDOL Prevailing Wages (PW). These PWs generally increase and can impact future Green Card Applications and H-1B Petitions.

Correct application of the PW rules is critical in the H-1B process. Among other wage rules, H-1B Beneficiaries may not be paid less than the Prevailing Wage. There is no affirmative duty to raise an existing H-1B workers' wage unless an amendment or extension to the H-1B is filed. H-1Bs are the visa of choice for many healthcare occupations including, Physicians, Physical Therapists, Occupational Therapists, Speech Language Pathologists, some nursing roles, and many other allied occupations.

For green card cases, employers should make sure that their postings and advertising processes reflect these increased wages, unless a PWD is already in place. Failure to account for the increased Prevailing Wages could prove fatal to some green card cases.

 


To read the full Healthcare and Immigration Law Blog, visit www.musillo.com or www.ilw.com.

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Comments

  1. alltime's Avatar
    theres still wage levels concerns. i dont know why wage level 2 and above are not for h1bs. unless they are to be applied for eb2s.
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