Clients have been reporting back that consulates in Canada, specifically Vancouver, are questioning the wage stated on the LCA and I-129 versus the applicant’s most recent W2 or paystubs. For example, the LCA and I-129 state that the wage is a level 1 wage at $50,000, but in reality, the person is getting paid about $80,000 and either their W2 shows that wage or the paystubs show that the applicant is on pace to receive $80,000. The Visa Officers are suspicious as the reason for this and have issued 221g forms based on this.
If you have received a raise or bonus, it is important that your employer document the raise or bonus when it occurs. When you attend a visa interview, you should carry these documents as evidence that you received the bonus/raise. Also, I would not provide the VO with these documents unless the issue is raised.
Another issue we have seen, but not as much recently is the wage level. The Department of Labor feels that there are 4 prevailing wage levels for each position. A level 1 position is an entry-level position and since it is an entry level position, the employee must be constantly supervised. We have heard that visa officers are questioning how someone with a level 1 wage can work off-site when the position requires constant supervision per the wage level. If the applicant says that the client is providing this supervision, the VO will likely deny the visa because they would feel that the client is really the employer since they provide the supervision that is required for a valid employer/employee relationship.
For this issue, there is not much one can do and while this is issue has surfaced, it does not occur very often. In fact, this issue has been one of the least reported reasons for a 221g so I would not panic over this. The only reason I bring it up is to better educate and inform people of what potentially can happen at a visa interview.