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Posted on 02 Jun 2010
Q.

H1B prevailing wage

My approved LCA establishes the prevailing wage I should be paid.
While searching to confirm such amount I found the PW is defined by 1)hour and 2)year.
Doing the math, the yearly amount is obtained from 52 weeks x 40 hours x hourly wage.
I'm a salary-paid employee working 44 hours/week, thats 10% more than the 40 on which the yearly wage is calculated from the hourly wage.
My LCA mentions the Prevailing Wage per Year. My question is, should I be paid 10% above the prevailing wage given that my typical week is 10 above the week on which the yearly wage is calculated?
My logic behind this is that, being on salary, an employer could ask you to work 80 hour weeks and still pay you what the yearly prevailing wage states. This is underpaying and it disrupts the whole purpose of the LCA.

User's Location: Dallas, Texas, United States of America
Category: H1B Visa (Work Visa)
Posted on 02 Jun 2010
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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