Federal minimum wage and EB-3 is a concept many confuse with the prevailing wage that applies to a case. In fact, these are two different levels, and EB-3 cases are governed by the prevailing wage. This article clarifies the federal minimum wage in relation to EB-3 and distinguishes it from the prevailing wage so you don’t misunderstand.
Federal minimum wage and EB-3’s prevailing wage are different
The federal minimum wage is the general wage floor applying to workers in the US under federal labor law. This is the lowest amount most workers are paid, not specific to any immigration category.
The prevailing wage is a rate specific to employment-based cases like EB-3, determined by occupation and region. The prevailing wage is usually higher than the federal minimum wage.
Which rate applies to an EB-3 case
An EB-3 case requires the employer to pay at least the prevailing wage for the position, not just the federal minimum wage. So, the federal minimum wage is not the figure that determines income in an EB-3 case.
This benefits the applicant: the prevailing wage reflects the actual pay for the occupation in the region, usually higher than the general minimum floor. This is a basis for estimating income more realistically.
Note on fluctuations
Both the federal minimum wage and how the prevailing wage is calculated can be adjusted over time. In particular, the method for determining the prevailing wage has had proposed changes under consideration.
You should refer to official information on the minimum wage and the prevailing wage on the labor agency’s website to get the current figures and regulations, since these levels fluctuate.
Summary
Federal minimum wage is easily confused with the prevailing wage, but EB-3 cases apply the prevailing wage (usually higher) by occupation and region. The federal minimum wage is only the general floor. You should rely on the prevailing wage to estimate income and monitor current regulations since they may change.
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References
- U.S. Department of Labor — Minimum Wage: https://www.dol.gov/general/topic/wages/minimumwage
- U.S. Department of Labor — Foreign Labor Certification, Prevailing Wages: https://flag.dol.gov/programs/prevailing-wages
Read more: Overview of the EB-3 visa for US immigration · EB-3 roadmap to stabilizing life in the US
