LCA Vs Base Salary

[Helpneeded008]

Hi

 

I'm experiencing a strange situation. My base salary is 60100 / year. And my company gives the Overseas Cost of Living Allowances (COLA) 3000 per year. Along with this I usually get 3000 (before tax) as performance bonus.

 

Now the challenge is... when my visa got extended in 07/2014 the LCA has changed to 73000. I thought it would effect immediately to my base salary. However my company HR told me that they cant revise the salary in the mid of the year. And they paid me the bonus every quarter with the following calculation.

 

Bonus amount = LCA Prevailing wage - (Base salary + Cola + Performance pay + any special allowances)

ie 73000 - (60100+3000+3000) = 7000 

1750 per quarter. (only paid 3 quarters as I got it from July)

 

I thought this scenario would change from January 2015. However, they are continuing the same thing.

After this year appraisals, the revision of pay happens. Now they increased the base salary to 63000 instead of 73000 (which I suppose to get as per LCA)

 

Am I correct, the LCA amount should be my base salary or the HR is correct that the max I should get 73K?

 

Please clarify. your help is much appreciated. 

[jairichi]

Bonus, performance pay, etc cannot be used to meet the salary mentioned in LCA. You are out of status if your salary is below LCA. You need to file a complaint against employer with DOL.

[JoeF]

Bonuses, etc. don't count. The base salary needs to match or exceed the amount in the LCA.