Actual wage paid by the employer.

Asked 5 months ago - Cary, NC

I have an interesting question.For H1-b worker ,If prevailing wage at a location is X.

1. Can the employer pay higher than the prevailing wage?

2. If yes is there a upper limit(e.g X+10k) or there is no upper limit?

3. If employer work location(office address) changes,do they need to refile LCA.If yes,will that change the salary again based on prevailing wage at new office address.

4. If #3. is true ,can it be concluded that any salary offered to H1b during job interview changes with employer/job location and employer need to issue a new offer letter each time?

Attorney answers (2)

  1. Robert Louis Brown


    Contributor Level 19


    Lawyer agrees

    Answered . The employer must pay the prevailing wage for each location and does need a LCA for each location. The employer may pay higher than the prevailing wage.

    Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not... more
  2. Akanksha Kalra

    Contributor Level 14

    Answered . Under DOL regulations, the employer must pay 100% or higher of the prevailing wage for an H-1B employee. The employer is required to file a new LCA for each location where the H-1B employee will work. Please consult an immigration attorney to discuss this further.

    Disclaimer: The information provided here is generalized and should not be relied upon as legal advice. This... more

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