Under the new DOL mandated minimum salary, an employer in the San Jose, California area would pay an electrical engineer at Level 4 more than $41,000 above the market wage, as indicated by a. H-1B is a temporary nonimmigrant work visa that allows U.S. employers to hire college-educated migrant workers as well as fashion models from abroad; nearly 500,000 migrant workers are employed in the United States in H-1B status. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization, are not subject to this numerical cap. If we have to summarize in a simple table, it looks like below. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} If there is any discrepancy, USCIS can report the wage violation for the employer to DOL or ask the employer why not paid on par with others. .table thead th {background-color:#f1f1f1;color:#222;} Whereas the yearly wage rate for my previous assignment in Milwaukee, Wisconsin was $68,171 . So I have to travel Monday(fly in to State B) Thursday (fly back to state A), couple of weeks per month to work with teams in state B. If the new petition is denied, you may continue working for your previous employer if your prior period of authorized employment is still valid, but your authorization to work based on portability ceases upon denial of the petition. H1B Visa Stamping: H1B Visa Interview Documents and More, Complete Guide to the H1B to Green Card Process. See theDOLs Office of Foreign Labor Certification. ( No where client name is mentioned in the LCA). Demonstrate (for example, by submitting a copy of the LCA filed with the denied petition) that there is any amount of time remaining on the period specified in the certified LCA at the time that the I-290B is filed. RedBus2US.com 2010 - 2023, All Rights Reserved. For wage level 1 RFE, providing a new LCA with wage level 2 may not be the right response. Does my Employer needs to file new LCA ? not lawfully appointed and hence the rule is invalid. Now after 3 years with the same employer, when I am being assigned as the Project Manager for a different project, they are mentioning the wage level as 2 due to which the minimum wage is going down drastically. There are legal requirements on the employee and employer sides. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website.