LCA Salary Issue

[mpadnag]

Hi,

An immigration officer had come to the company that I work at and is asking for the W2 & paystub to verify I am still employed. The salary on my LCA is less than the payroll. When he asked me the salary, I told him what is on the LCA. If I send the W2 and paystub, they will know that the salary is less than LCA. What will they do? Can I say that I am paid separately the difference?

[shervin143]

Well, you have lied to an immigration officer and it can cause issues. As per H1B regulations, the employer is suppose to pay you as per the LCA. The salary should not be less than the approved LCA. You have all the rights to comlain to DOL and make the employer pay you as per LCA. If you haven't done that, then you are actively taking part in the illegal activity that the employer is performing and it can have remarks on your immigration records.

If you say that you are paid separately the difference, then that is illegal too. You will get into tax fraud for doing so. Stop lying and explain the real situation. Get help from an experienced immigration attorney.

[kabkaba]

If salary < LCA that is a problem, if LCA < Salary that is not a problem.

[mpadnag]

Thank you for your replies. Can the difference be on a offer letter as a bonus that will be paid at end of year?

[shervin143]

There is a difference between the Salary and a Bonus. LCA is as per the minimum wage requirements (total annual salary). Your salary should be as per the LCA. Bonus is not a part of your salary. Bonus is something the company may or may not pay as per their yearly revenue. I hardly doubt if USCIS or the consulte will buy these excuses. Consult an experienced attorney of your own.

Thank you for your replies. Can the difference be on a offer letter as a bonus that will be paid at end of year?