Salary above LCA Wage level

[USTechDev]

Hello,

My employer is filing for my H1B amendment with LCA having level 2 wage. But my client rate is bit higher and the payroll what I will be getting will be much higher than level 2 wage at my locality (Like may be $80k higher than LCA wage level). So, will it be a problem to get higher pay on a lower wage level LCA?
My employer says that as long as the pay is greater than minimum wage level prescribed in LCA it is good and shouldn't be a problem. 

But, I'm bit worried if this will be a problem at a later point of time or not. So, please suggest me if that's not an issue and should be fine or if its an issue - what should be done (should we file with higher wage level LCA) ? 

Thanks in advance. Have a great day!

[Zodiac System]

Your employer is correct.  There is no rule against paying an employee, higher than the LCA wages.

[JoeF]

On 11/1/2021 at 8:37 AM, Zodiac System said:

Your employer is correct.  There is no rule against paying an employee, higher than the LCA wages.

True, but...

If the salary is significantly higher than the prevailing wage in the specified wage level it may suggest to USCIS that it should be in a higher wage level. A significantly higher wage may indicate a job with more responsibilities that falls in a higher wage level.

Of course, what is "significantly higher" is somewhat subjective. But I certainly would discuss this with a good immigration lawyer.

Edited November 3, 2021 by JoeF

[Zodiac System]

11 hours ago, JoeF said:

True, but...

If the salary is significantly higher than the prevailing wage in the specified wage level it may suggest to USCIS that it should be in a higher wage level. A significantly higher wage may indicate a job with more responsibilities that falls in a higher wage level.

Of course, what is "significantly higher" is somewhat subjective. But I certainly would discuss this with a good immigration lawyer.

Many in the industry do get more than required minimum LCA wages. 

I guess, receiving a salary of $80K higher than the LCA wage level will easily go beyond Level IV salary 

Edited November 3, 2021 by Zodiac System