LCA changes- During Trump era Dec'20

1

Hi,

I had changed job during last year around December’20, when Trump had increase prevailing wage requirements (~ 40% increase). To satisfy that requirement, my new employer made offer such that i get Base salary of USD X + USD Y of Assured bonus (in 1st year) to be paid in same year itself to satisfy the prevailing wage requirement. By this i got the new H1b for 3 years.
After the lawsuits, the prevailing wage were returned back to old levels during MArch’21. So Can now my employer reduce my h1b salary in 2nd year, even when LCA was filed for USD X + USD Y, as now they prevailing level is back to old level and my base salary satisfy that? or they have to file new LCA.
Please advise.

2

If your salary is going to fall below the prevailing wages in your LCA on which your H1B was based, your employer need to file a new LCA and an ammendment to your H1B.

3

Thanks Kalpesh for your clarification. Do generally employers execute these things?

4

Employer is obligated by law.