The initial denial of a request for foreign worker sponsorship has been upheld by the U.S. Department of Labor (DOL) on the basis that the wage advertised did not match the wage offered to the individual. This is illegal.

The wage shown in the initial request reflected a starting salary range for a qualified individual. However, the position, being offered to an existing employee, was higher than the figure reflected in the initial documentation.

The appeal was filed with the company stating they publicized the starting wage for the role; however, the individual has a decade of experience with the company and as such, the person’s salary reflects various merit increases. The appeal was denied as the wage offered was lower than the salary offered to the individual. The three-judge panel in reviewing the appeal upheld the original denial found by the DOL.

There are several U.S. government agencies involved in the process of foreign worker sponsorship. In order to remain in compliance, several steps are required, including staying within specific guidelines. Working with an experienced attorney is critical to ensure compliance throughout the process. Contact us at ILBSG if you have any questions about the requirements and how to proceed. Our expertise and experience are put to work for your specific entity with a focus on optimizing the process for a positive outcome. Contact us today.

Foreign worker Sponsoring a foreign worker