Andrea Wisner states in her letter to the editor, about the article "Never Fear: The Old H-1(b) Wage Rules Are Still In Effect,"
by Linda M. Keck, Esq., "stated that the employer must still pay the prevailing wage. That is misleading. The correct statement is that the employer must pay the "Required Wage," which is the greater of the "Prevailing Wage" and the "Actual Wage."
Well, I'm afraid that if Ms. Wisner finds Ms. Keck's statement misleading, then I must confess that I find Ms. Wisner's statement downright confusing, and perhaps a misstatement. It has always been my understanding that the wage required to be paid by the H-1B employer is required to be not less than 5 percent below the prevailing wage in the geographic area, as determined by a wage survey. What is all this "Required Wage" needing to be the greater of the "Prevailing Wage" and the "Actual Wage"? It sounds like a story problem in math class. And why this dwelling on semantics and formulas? If a formula is to be used, perhaps we could write it this way: H-1BW = NLT-5%PW.
David D. Murray, Esq.
Newport Beach, CA
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