Yes. If the foreign individual is seeking a national interest waiver, then paying a prevailing wage is not required.
FAQs about Immigrant Petition Requirements
Does the employer have to offer a full time permanent position?
Yes.
If the foreign worker owns the employer can s/he demonstrate an employer/employee relationship?
If a foreign worker owns the employer s/he may be able to demonstrate that an employer/employee relationship exists if the control of the foreign worker’s work is exercised by a board of directors, preferred shareholders, investors or others.
What are the requirements of the employment based third preference category to qualify as ‘other worker’?
The unskilled labor position requires less than 2 years training or work experience.
What are the requirements of the employment based third preference category to qualify as a ‘skilled worker’?
The position must require a minimum of 2 years training or work experience (relevant post-secondary education may be considered training) and the foreign worker must possess the training or work experience.
What are the requirements of the employment based third preference category to qualify as a ‘professional’?
The position must require at least a U.S. bachelor degree (or a foreign equivalent degree) and the foreign worker must possess the degree (or a foreign equivalent degree) or the position requires a person who is a member of the professions.
What are the requirements of the employment based third preference category?
The foreign worker may qualify for the employment based third preference category if s/he is either a professional, skilled worker or other worker; a certified labor certification application is required; and the position offered must be full time and permanent.
Does the employer have to demonstrate an employer/employee relationship with the foreign worker?
Yes. There must be an employer/employee relationship between the U.S. employer and the foreign worker. Generally, the relationship is demonstrated by the fact that the U.S. employer may hire, pay, fire and supervise or otherwise control the foreign worker’s work.
What is a ‘prevailing wage’?
The term ‘prevailing wage’ rate is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. Employers can obtain this wage rate by submitting a request to the National Prevailing Wage Center (NPWC) or by accessing other legitimate sources of information.
