Matching Salary to Prevailing Wage Every Year

[Sartre87]

Hello,

Let me start with an example of the scenario for easy understanding:

City X has a prevailing wage of $100,000 in 2017 as per the database of USCIS. H1B applicant is getting $100,00 in 2017.  Prevailing wage matches the salary and he/she got the  approval for 3 years till 2020. 

Now the prevailing wage of city X has become $110,000 in 2018 and $120,000 in 2019.  But the company didn't increase the salary of H1B employee since 2017 and it is still $100,000.

We usually verify that prevailing wage and salary are matching during H1B application/extension and don't worry about it until the next extension.

My question is, is the company legally obligated to match the prevailing wage with the salary of employee every year? Is the employee now eligible to claim the extra salary he missed for the last two years?

Thanks in advance.

[xTDx]

3 hours ago, Sartre87 said:

Hello,

Let me start with an example of the scenario for easy understanding:

City X has a prevailing wage of $100,000 in 2017 as per the database of USCIS. H1B applicant is getting $100,00 in 2017.  Prevailing wage matches the salary and he/she got the  approval for 3 years till 2020. 

Now the prevailing wage of city X has become $110,000 in 2018 and $120,000 in 2019.  But the company didn't increase the salary of H1B employee since 2017 and it is still $100,000.

We usually verify that prevailing wage and salary are matching during H1B application/extension and don't worry about it until the next extension.

My question is, is the company legally obligated to match the prevailing wage with the salary of employee every year? Is the employee now eligible to claim the extra salary he missed for the last two years?

Thanks in advance.

The prevailing wage for the occupational classification in the area of intended employment must be determined as of the time of filing the application. It becomes irrevelant if the PW changes after a year. So no obligation to match the current PW every year. 

[Sartre87]

16 hours ago, xTDx said:

The prevailing wage for the occupational classification in the area of intended employment must be determined as of the time of filing the application. It becomes irrevelant if the PW changes after a year. So no obligation to match the current PW every year. 

Thank you xTDx