Can I take action against my employer for not paying the correct wage?

Yes. Under the H-1B visa, the employer commits to paying at least the prevailing wage for the occupation in your area, as established in the approved Labor Condition Application (LCA). If you are being paid less than what was approved, this may constitute a violation of visa rules and U.S. labor laws.

There are paths you can take to respond. One option is to file a complaint with the U.S. Department of Labor, which can investigate the claim and apply the appropriate measures against the employer. Beyond the administrative route, legal action may also be possible when there is evidence that your rights were violated.

• Keep your LCA, employment contract, and pay stubs.
• Gather communications that document the wage discrepancy.
• Consider filing a complaint with the Department of Labor as a first step.

Before taking any action, it is worth collecting your documentation and seeking specialized guidance in employment and immigration law, as well as consulting official channels, to assess the best strategy for your situation.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.