9999 Bellaire Blvd. Suite 360
Houston, Texas 77036
Tel: 713-339-4200,1-800-281-7400
Fax: 713-339-4299, E-mail: info@linlawfirmusa.com

NON-IMMIGRANT
    E-2 Visa (Treaty Investors)
    L-1 Visa (Intra-company Managers)
    H-1 Visa (Speciality Occupation)
    H-2B Visa
    J-1 Visa (Exchange Scholars)
    O-1 Visa (Extraordinary Ability)
    K-1 Visa (Fiance)

IMMIGRANT
   EB-1 (Extraordinary Ability/Outstanding Researcher/Professors)
    EB-1 (Managers)
    EB-2
    EB-5 Investor Immigration Resource Center **new**
    National Interest Waiver
    Labor Certification - PERM
    Schedule A Position - Physical Therapist
    Religious Immigration
& R-Visa
    Naturalization
    Family Based Immigration

DACA, ASYLUM & DEPORTATION
    DACA - Deferred Action EAD for Dreamers**new**
    Asylum
    Asylum Frequently Asked Questions

DETENTION, BONDING & REMOVAL
    Immigration Detention
    Bond Hearing With Immigration Court
    Immigration Bond
    Posting Bond and Condition of Release from Detention
    Removal Proceeding
    Expedited Removal
    Why Lin & Valdez LLP

www.immiweb.com
Practice Note
 
ONLY GUARANTEED PAYMENT IS COUNTED INTO ACTUAL WAGE FOR H-1B APPLICATION PURPOSE

Many foreigners pondering H-1 application frequently encounter the issue of whether the wage the prospective employer offers is sufficient for H-1 application. The most frequently asked question is whether bonus or commission can be counted as wage for H-1 application.

As many of you know, for H-1 application, the actual wage paid to the foreign employee must be at least 95% of the "prevailing wage". The question, therefore, is what can be counted toward, and be included in, the "actual wage" to be paid to the employee.

The rule of thumb is that only non-discretionary and guaranteed payment can be counted. As such, if the employer offers a position with a fixed salary lower than the prevailing wage standard, even if the position carries a bonus that is very likely to be earned by the employee, the position is still not qualified for H-1 approval. Further, how the payment is named is not important. Whether it is called bonus, commission, or even "salary", as far as it is performance-based, non-guaranteed, or "discretionary", it can not be counted into the actual wage paid to the employee.

Remind our friends looking for jobs for H-1B applications, please bear this in mind when negotiating with your prospective employers.


Back to Preactice Note Menu Back to Top

© 2017 Copyrights Lin & Valdez L.L.P. All Rights Reserved | Sitemap

     OF YOUR APPLICATION
  Case Status Online
  InfoPass
  USCIS Processing Times
  Visa Bulletin
 
Spanish Corner
  ASILO
  ASILO PREGUNTAS FRECUENTES
  Visa E-2
  Preguntas Frecuentes sobre la Visa E-2
  Sobre Nosotros
  More...

Approval Notices
  11/14/17 PERM, Labor Certification, Approval
  11/10/17 NIW, Approval
  11/08/17 EB-1(b), Approval
  11/06/17 Another PERM Labor Certification, Approval
  11/03/17 PERM Labor Certification, Approval
  11/01/17 E-2, Approval
  10/21/17 E-2, Approval
  10/20/17 O-1, Alien of Extraordinary Ability, Approval
  10/10/17 E-2 Visa, Approval
  10/08/17 L-1A, Approval
  10/01/17 2 H-1 Approvals
  09/28/17 E-2 Visa, Granted by US Consulate, Vienna
  09/24/17 Green Card, Granted by Court
  09/16/17 I-601A Waiver, Approval
  09/14/17 EB-2, Approval
  More...