Peter Duniho wrote on 1/29/2005 00:15:

She had been working as an editor for a non-profit company, under a normal
work visa. When she tried to apply for the permanent resident status, they
denied it on the grounds that she was making less-than-prevailing wages for
the industry.

Knowing quite a bit about this topic, I am going to chime in here...
A good lawyer would have told her that there is no chance even before
applying.
The rules about the prevailing wage are there for a good reason.
Even for the work visa (I am assuming H1) the salary has to be at least
95% of the prevailing wage.

Even if one assumes that wage protection is something that should be
included as part of our immigration law, it seems pretty ridiculous to me
for wages to be evaluated in a vacuum, one that ignores what a particular
employer is actually capable of paying.

How do you know that this employer wasn't capable of paying the
prevailing wage?
Isn't it more that they weren't *willing* to pay the prevailing wage?

Anyway, the point is that I know for a fact that plenty of "healthy,
educated, skilled labor" is being refused admittance to the US. Some do get
in, but others do not, for basically no good reason.

"Healthy, educated, skilled labor" can find employers that pay the
prevailing wage.

-Joe