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Actual wage paid by the employer.

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?

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Attorney answers 2


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 constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.


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 communication does not create an attorney-client relationship.