Need Help with EB-2 Wage Determination? Let a Paralegal Do It!

It was a busy Monday morning at the office, and John Doe and Jan Doe, two experienced immigration attorneys, were deep into reviewing an EB-2 petition. The prevailing wage determination process loomed large on their desk, and they both knew that getting it wrong could lead to significant delays. As they sifted through the details, Jan shared a solution that could save them time and reduce the complexity of this critical step.

A Conversation Between Two Top Attorneys: John and Jan

John:
“Jan, this EB-2 petition is more complex than I expected. The employer’s financials are all over the place. The ability-to-pay issue is going to be tough for USCIS. If we don’t manage this well, we risk delays.”

Jan:
“I hear you, John. But you know, we’ve streamlined this process significantly since we started using ImmiSupport’s virtual paralegals. They handle the financial documentation and help us craft a compelling case for USCIS.”

John:
“Virtual paralegals? But what about the prevailing wage determination? Choosing the wrong SOC code or Job Zone could cost us time and cause errors in the wage level.”

Jan:
“That’s true. But ImmiSupport’s paralegals are experts in navigating the PERM prevailing wage determination process. They ensure we submit the correct SOC code, evaluate job zones accurately, and select the right wage database. All of that is handled through ETA-9141 submission to DOL’s FLAG portal, minimizing the risk of errors.”

John:
“I guess the ability to focus on the legal aspects is key. With paralegals managing the paperwork, it’s easier to stay ahead.”

Steps of the PERM Prevailing Wage Determination Process for EB-2 Petitions

The PERM prevailing wage determination is a critical step in the EB-2 petition process. Below is a breakdown of the steps involved in obtaining a correct wage determination:

1. Evaluate Minimum Job Requirements

• Assess the employer’s minimum job requirements. Compare the requirements with standard practices for that occupation using O*NET.

• Determine the appropriate SOC code and Job Zone based on the duties, education, and experience level needed for the role.

2. Select the Wage Database

• All Industries: This is used by most employers.

• ACWIA: If the employer is a university, nonprofit, or governmental research organization, use the ACWIA wage database.

• Ensure the correct database is selected to avoid discrepancies in wage determination.

3. Submit ETA-9141 Form

• Fill out the ETA-9141 form with details about the job, employer, and worksite.

• Submit the form electronically via the DOL FLAG portal.

4. Review Wage Determination

• After submission, the National Prevailing Wage Center (NPWC) processes the request.

• Carefully review the wage determination once received to ensure the correct SOC code, Job Zone, and wage level have been assigned.

5. Handle Unacceptable Wage Determinations

• If the wage is higher than expected or the SOC code is incorrect, you can submit an alternate wage survey, request a redetermination, or escalate the issue to BALCA for review.

Challenges of Attorneys vs. Solutions Provided by Paralegals:

Here’s a quick look at common challenges attorneys face when dealing with PERM prevailing wage determinations and how ImmiSupport’s paralegals can help solve them.

Why ImmiSupport is the Best Solution for Attorneys?

ImmiSupport provides attorneys with the tools and services necessary to navigate the complexities of immigration law. From prevailing wage determinations to PERM petitions, ImmiSupport’s virtual paralegals specialize in streamlining these processes, ensuring accuracy, and helping attorneys focus on their core legal work.

Here’s why ImmiSupport is the best choice for attorneys handling EB-2 petitions:

1. Expertise in Immigration Law: Virtual paralegals understand the intricacies of the immigration process, including prevailing wage determinations, SOC codes, and business necessity.

2. Efficiency: With ImmiSupport’s team managing the paperwork, attorneys can focus on legal strategies and client communication.

3. Time-Saving: Paralegals handle administrative tasks like document gathering, form submission, and compliance, which reduces the workload on attorneys.

4. Accuracy: ImmiSupport ensures compliance with DOL regulations, minimizing errors and increasing the likelihood of a smooth approval.

5. Customizable Support: Attorneys can choose from various service packages tailored to meet specific case needs.

What Did We Learn?

In this article, we explored the PERM prevailing wage determination process for EB-2 petitions and the key steps involved in ensuring the correct wage level and SOC code are selected.

We learned that:

• Accurate SOC code and Job Zone selection is essential for determining the right wage level for the foreign worker.

• Choosing the appropriate wage database (All Industries vs. ACWIA) can significantly affect the wage determination.

• ImmiSupport’s virtual paralegals are invaluable in assisting attorneys by handling the administrative aspects of the ETA-9141 submission and ensuring compliance with DOL regulations.

• Telecommuting and travel policies must be carefully documented, but they do not impact the wage level, unless travel is outside the norm for the position.

• If the prevailing wage is too high, alternate surveys, redeterminations, or challenges through BALCA can help resolve discrepancies.

What People Are Asking?

1.What is the PERM prevailing wage determination process?
The PERM prevailing wage determination process ensures that the wage offered to a foreign worker is at least the prevailing wage for the occupation in the area of employment.

2.How do I determine the correct SOC code for an EB-2 petition?
Use the O*NET database to match the job duties and required qualifications with the appropriate SOC code and Job Zone.

3.What wage database should I use for an EB-2 petition?
You should use the All Industries wage database, unless the employer qualifies under the ACWIA guidelines for higher education or nonprofit entities.

4.Can telecommuting affect the prevailing wage determination?
Telecommuting is considered a benefit and must be listed in the Notice of Filing, but it does not affect the wage level in the prevailing wage determination.

5.What if the prevailing wage determination is too high?
If the wage determination is too high, you can request a redetermination or submit an alternate wage survey to challenge the wage level.

Disclaimer:

For informational purposes only; not applicable to specific situations.

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please contact Immisupport, at +1 888 884 2161

Email: info@immisupport.com

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By Grace Lynn

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