Urgent Help Needed: Offer Discontinued due to higher LCA Prevailing Wage


RP0531

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Posted

Hello,

I am currently on H-1B for Employer A. I got an offer from Employer B and I accepted it. After completing all the pre-employment drug screening and submitting my documents for H-1B transfer; After a week my Employer B came back and said they cannot continue the offer as the LCA Prevailing wage is MUCH high than what they can pay. They cannot increase it anymore. The position is Level 2 and the minimum prevailing wage is 60K. They are offering me 51K (Which I accepted).

What can be done next? Is it illegal to pay less than the prevailing wage? Is it Illegal to discontinue the offer because they cannot pay the minimum wage?

Any thoughts will help!!!

Posted

For an H1, the salary has to be at least the prevailing wage for the job in the region where the job is located.

If the company isn't willing or able to pay that salary, you can't do anything.

Next time, find a better employer.

Posted

They can certainly with draw the offer; they must pay the wage according to the rules.

Find another employer who is willing to pay properly.

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