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

USA H1B Visa
1

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?

2

I don’t think they need to revise the salary until the old LCA is valid. A good employer would prefer to pay you a competitive salary and if they know that minimum salary has increased they may be willing to match it. Not sure what your specific employer would do.

3

Thanks Saurabh for the answer.

So you mean to say the employer is not legally bound to revise the salary to match the yearly revised prevailing wages by DOL?

My salary is still the same (mentioned in LCA) after two years.
My employer didnt raise the salary for two years and wants to continue like this.

Am planning to take it up with my employer or DOL but before that I want to make sure what the legal law says?Its just to strengthen my demand for a hike in salary or my case.

DOL says salary should be equal or higher to the prevailing ware or actual wage
http://www.dol.gov/whd/immigration/h1b.htm

So should the current salary match the current(yearly revised) DOL prevailing wage?

Any advise of yours would be really helpful as always,

4

I don’t think it needs to be revised while current LCA is valid. You can see an attorney’s response to similar question here: http://www.avvo.com/legal-answers/please-advise-me-if-i-am-eligible-for-a-new-lca-an-1153028.html