What to Do When Your Employer Fails to Pay the Green Card Wage?

Published: March 19, 2025

US immigration law provides approximately 140,000 employment-based immigrant visas annually for qualified applicants. Sponsoring an employment visa has certain wage requirements set by the US Department of Labor (DOL). 

Employers filing an Immigrant Petition for Alien Workers must establish that the offered job is real. Demonstrating the ability to pay the specified wage amount is a key factor in determining the viability of an employment offer. 

Despite this ongoing legal obligation to pay prevailing wages for employment-based visas, some employers cannot, leaving foreign workers uncertain. Let’s explore what to do when your employer fails to pay the green card wage. 

Understanding the Green Card Wage Requirements

US DOL regulations mandate that US employers pay their foreign workers the prevailing wage for similar jobs in their area of employment. 

Since January 4, 2010, employers have had two options for obtaining prevailing wage rates. They can submit a request to the National Prevailing Wage Center (NPWC) or consult other legitimate sources, such as the OFLC Wage Search, which is accessible for specific programs. 

Most Labor Department employment-based visa programs require at least prevailing wages. Under the H-1B, H-1B1, and E-3 visa programs, in particular, employers must pay either the prevailing wage or the corresponding actual wage paid to workers with the same skills and qualifications, whichever amount is higher. 

In most instances, employers demonstrate the ability to pay requirements by submitting the initial required evidence and payroll records. They must provide proof of payment of at least the proffered wage or amount the employer offers to pay when sponsoring a foreign worker for an employment-based visa. 

The amount of the proffered wage must meet or exceed the prevailing wage the DOL determines for a similar job in the specified geographic area where it will be performed. Note that the burden of proving the continuing ability to pay the proffered wage falls on the petitioner. 

In its evaluation, USCIS examines all evidence of the petitioner’s financial strength and the significance of its business operations, including the factors listed beyond the regulations. Other evidence encompasses personnel records, bank account statements, and the income and assets of others. 

Steps to Take When Your Employer Fails to Pay the Required Green Card Wage

The green card wage requirements help ensure foreign workers receive fair compensation and prevent their employment from negatively affecting US labor standards. Suppose your employer fails to wage specified in your green card process. Consider taking the following steps to protect your rights:

• Check your employment contract or offer letter to confirm the wage offered to you and compare it with your actual pay. 
• Discuss the wage discrepancy with your employer to verify whether it’s due to an error or financial difficulties. 
• Request a written commitment from your employer outlining when they will fulfill the wage obligation. 
• Keep proper employment records to strengthen your claim in case you file a complaint or seek legal assistance. 
• Work with an immigration lawyer to understand your rights to fair compensation and file the appropriate legal action. 
• If direct communication with your employer doesn’t resolve the wage issue, file a complaint with the US DOL’s Wage and Hour Division. 

Know Your Rights as an Immigrant Worker

An employer’s inability to pay the required green card wage can negatively impact the foreign worker’s financial security and immigration status, and it can be a violation of both immigration and labor laws. 

Knowing your rights as an immigrant worker can help protect your future in the US. An experienced Los Angeles immigration at ALG Lawyers is indispensable in resolving any concerns related to your immigration status. Speak to our reliable team now for further legal assistance on your immigration needs.