3

My employer is asking me to pay owed money back, which is around 25,000$. I was working for them for about 3 years on H1B visa. as per salary commission structure, I did not make enough money to match with their commission / bonus structure.

My H1B LCA wages was filed for 120k / year and I made about 100k / year. They paid me as per my h1b wage salary mentioned in the LCA.

Now what should I do ? Is it advisable to file a complain with Dept of Labor ? or should I just ignore the letters they keep sending me about the owed money ? I thought H1B Sponsored employee must pay the wages mentioned in LCA and can not ask for money back if I owed them.

3
  • 3
    Just to be clear: they filed an LCA saying you'd be paid $120K / year and they told you that in order to be paid $120K / year you had to hit certain targets. You didn't hit those targets and only hit targets that would have resulted in you being paid $100K / year. They paid you $120K / year anyway and they are now trying to claim back the difference? This might be better on law.SE rather than here.
    – Vicky
    Oct 18, 2021 at 13:21
  • 1
    Send your previous employer a link to the Department of Labor's WH-4 complaint form and ask them which of the boxes in section 4 you should check off when filing your complaint. You owe them nothing - they are required to pay you the LCA rate no matter what work you did or did not do. The only way they don't get to pay you is if they fired you, because as an H-1B employee they must pay you no less than the LCA rate for then entire period of your employment.
    – brhans
    Oct 19, 2021 at 0:25
  • thanks a lot . they are indian consultancy company who does completely fake everything.
    – neek
    Oct 20, 2021 at 1:43

1 Answer 1

1

Becoming a whistleblower is the latest trend: https://constantinecannon.com/2019/09/25/report-visa-fraud-whistleblower-reward/

Or, you could just ignore the letters that try to get you to accept less-than-LCA wages.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .