If my employer reduces salaries due to a crisis, is the PERM invalidated?

It is important to understand that the PERM certification process was designed to confirm that the job offer, including salary and conditions, complies with what was advertised and approved. In the context of the EB-3 visa, the PERM is a fundamental step that certifies there are no qualified American workers to fill the offered position, supporting the employer to hire a foreign worker.

Therefore, any significant change in working conditions, such as a salary reduction, can cause complications throughout the process. When approving the PERM, the United States Department of Labor verifies that the offered wage meets or exceeds the prevailing wage standard in the region and occupation.

If the employer, due to a crisis or internal change, reduces salaries afterward, this modification may be considered a material change compared to what was approved in the certification. In other words, the offer that supported the PERM approval no longer corresponds to the reality of the job, which can indeed impact the validity of the PERM.

On the other hand, each situation is analyzed individually by immigration authorities. If a modification occurs, the employer may need to reassess the case, adjust, or even restart part of the process to demonstrate that the new offer still complies with legal and regulatory requirements.

These changes must be carefully documented and justified, ensuring workers’ rights and immigration laws are preserved. Always remember the importance of following United States immigration laws and consulting specialized professionals before making any decision that may impact an immigration process.

It is essential to avoid misinformation and proposals promising guaranteed results, as the immigration process is complex and subject to thorough review by the competent authorities.

In summary, a salary reduction that substantially changes the terms of the approved offer can indeed affect the validity of the PERM and compromise the progress of your EB-3 process. Seeking specialized guidance is the safest way to evaluate all implications and ensure all changes comply with current legislation.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.