Is there a wage requirement for an L-1 Visa? - Resources Blog - US Immigration FAQs - Richards and Jurusik Immigration Law - Buffalo NY

Unlike the H-1B Visa, there is no prevailing wage or minimum wage requirement for the L-1 Visa. The reviewing officer can determine if the employee would become a “public charge” in the United States under the L-1 Visa due to a non-liveable wage. In other words, unless the wage is excessively low, the wage cannot be the sole reason for denying an L-1 Visa.

  • What is a public charge? The government defines a “public charge” as a non-US citizen likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.
  • Is my wage consistent with others like me? When verifying if your wage can be considered excessively low, it is best to compare your wage against the industry standard for those employed in similar positions in the area of intended employment in the United States. You should have no concerns if your wage is consistent with other reported wages. If your wage is well below what is reported in the industry, then you should consider the impact your wage might have. You can determine the consistency of your wage with others in your field through the Foreign Labor Certification Data Center.

While there is no minimum wage requirement for an L-1 Visa, unreasonably low salaries are not recommended. Visa officers will likely examine the candidate’s salary to see if it is commensurate with their position and the company they work for.

Conclusion

In conclusion, while the L-1 Visa does not impose a minimum wage requirement, ensuring that the offered salary is reasonable and consistent with industry standards is crucial. This helps prevent concerns about becoming a public charge, which could jeopardize the visa application. Comparing your wage with similar positions through resources like the Foreign Labor Certification Data Center can provide valuable insights. Maintaining a salary that reflects your role and the company’s standards is essential for a smooth and successful L-1 Visa application process.

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