H1B: LCA Prevailing Wage Determination/Complaint


ras4559

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Hi,

 

My H1B was filed by my employer last year with wrong Prevailing Wage Determination:

 

1) It was filed under a US state DIFFERENT from the location/state I was deputed in. No LCA revision was filed. Is this legally allowed?

 

2) The prevailing wage was noted for Wage Level 1 (Entry Level). I have 11+ years of experience and also a Computer Science degree with an MBA. Under no reason, I could be categorized as an Entry Level Worker. At best, it should be Wage Level 4 and prevailing wages in my occupation category are significantly higher for Level 4.

 

Is there any way to check with the DOL regarding corrections on prevailing wage for my occupation/state/wage level? I do not want to check with my employer because I know they are not going to entertain it.

 

If anyone could suggest what options do I have, I would be grateful. Appreciate any inputs.

 

Thank you.

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"Is there any way to check with the DOL regarding corrections on prevailing wage"

There is no way for you. You employer paid for this, and only they can esquire this. 

If you think that you are making as per market, and more than LCA salary you should be good to go. If you are making far more than LCA salary, its not a problem. If LCA says $45,000, employer has all the rights to pay you $145,000.

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