My employer wants to reduce salary after the PERM. Is it possible?

When an employer starts the PERM process for an EB-3 visa, they commit to offering a wage that meets or exceeds the prevailing wage determined for that position. This commitment is essential to demonstrate that there will be no adverse impact on the United States labor market, since the intention is to protect the wages and conditions of American workers.

After the PERM approval, if the employer tries to reduce the initially offered salary, this can be problematic. The salary reduction not only contradicts the original terms of the PERM application but can also violate rules established by the U.S. Department of Labor, potentially negatively impacting the immigration process.

In other words, significant deviations from the original terms (including compensation) may be interpreted as attempts to alter employment conditions that were carefully reviewed and approved during the labor certification process.

It is very important to remember that any changes to work conditions after PERM approval may require a reassessment of the entire process, which could include the need for a new certification or even affect the deadlines already established for the visa application.

Thus, both employer and employee must exercise caution when attempting to make significant changes, especially those involving salary. It is always recommended, when doubts arise or if any change is planned, that both the worker and the employer consult specialized immigration professionals. These professionals can provide detailed guidance on the legal implications and the best ways to proceed, ensuring compliance with all immigration laws and avoiding future problems.

Also, be careful with dubious information or miraculous promises that often circulate online, as the safest way to protect yourself is to seek reliable sources and specialized analyses regarding your specific case.

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.