I am on H1B, and I am currently being paid twice as much as the salary listed on the LCA. Does the employer need to get the LCA amended?

Answer

The LCA wage is a minimum; the employer could pay more. However, the employer should look to see if the LCA is really correct as to the wage level, and possibly even the job category. If it was set at a level that was not correct (maybe 1 or 2 for a job that is a level 3 or 4), that should be addressed. (13.Oct.2014)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

Copyright © 2014, MURTHY LAW FIRM. All Rights Reserved



Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.