Manassas, VA asked in Immigration Law for Virginia

Q: Does H1b Salary be revised by employer, if Minimum prevailing wage for that job is revised (yearly in DOL site)?

Hi All,

I have below doubt regarding my salary and LCA.

When my LCA was originally approved it has some amount (Minimum prevailing wage) mentioned in it, but a year later wages in that areas are revised (every year in July updated ICERT LCA site) and increased but I am getting paid with old LCA rates.

What are the rules around this situation ?Is it mandatory for the employer to pay on latest rates? Or the employer can continue with old salary mentioned in the LCA during filing.And what are the options if employer denies to update the salary with new wages?

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1 Lawyer Answer

A: The LCA has validity dates at the bottom (usually 3 years). As long as they are valid during H-1B process, then employer has complied.

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