Employer added bonus to meet prevailing wage but say its not current salary?

[MariaR]

Hi,

 

I'm an H1B worker here in Illinois and is working for a known/big firm.  I started working here last 05/02/2015 and they made me sign a document stating on how much I would be receiving.  According to agreement, my host country salary during the period would be 62800 per annum and is paid representing the following:

 

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Previous Salary in Home country

USD $11,720.12 less any required payroll taxes or benefit deductions in your host country

 

United States Annual Host Add-On: N/A

Hot Skill Bonus: N/A

Catch Up Allowance***: $3254.00

**These are not guaranteed pay and may be discontinued anytime.

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The prevailing wage in my LCA is 62754.00 and the wage rate is the same in my LCA which is 62754.00.

 

In my pay slip I'm getting 62,800.

 

Now every December we get evaluated for performance and I got a 2.2% increase. But when I looked at our tool, my current salary indicated is $59,500.00 and not 62,800. They said that it's my real/current salary and not 62,800. So here's the breakdown:

 

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Base Salary

   Current Salary: 59,500

   + Annual Adjustment 2.02% 1,200

   New Salary: 60,700

   Catch-up Allowance: 2,100

  Total 62,800

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Now, question is if that's really valid? I thought when you work here with H1B visa, you should have the current salary equal or greater than prevailing wage. I'm really getting confused on this one. 

 

Looking at the digits, to me it doesn't seem that I really got an increase.  They deducted the catch up allowance to match what I am getting now since they said its not guaranteed pay. So now, I still have 62,800. So for next year's evaluation, I might end up with the same digits again since they would probably just lessen the catch-up allowance and increase on the current salary.

 

I hope you could respond on my concern.

 

Thanks,

Al

 

 

 

 

 

 

[jairichi]

Your salary has to be equal or more than mentioned in LCA. This does not take into account bonuses, perks etc. If you are paid less then you are out of status and need to file a complaint against employer with DOL.

[JoeF]

A bonus doesn't count towards the required wages.

You need to get paid at least the salary listed on the LCA, without bonus.