Can I update my salary with the DOL?

The H-1B visa requires both the employer and the Department of Labor (DOL) to be aware of the wage conditions established during the petition process. Therefore, if it becomes necessary to update the salary, this must be done by the employer and not directly by the visa beneficiary.

In practice, if the employer decides to increase (or change) the compensation or modify other working conditions that affect the original declaration, they need to file a new Labor Condition Application (LCA) with the DOL. This process is necessary to ensure that the wages paid comply with legal requirements and that there is no detriment to the American labor market.

After approval of this new LCA, immigration authorities will generally require a supplementary petition or an update to reflect the change, ensuring that everything is aligned with the current regulations.

It is important to emphasize that this procedure aims to protect workers and maintain the integrity of the immigration process in the United States. When it comes to contractual changes, following immigration laws, consulting specialists with expertise in the area, and avoiding offers promising miraculous solutions is fundamental to preserving your rights and preventing future complications.

If the need for a salary update arises, dialogue with the employer and monitoring the process by qualified professionals can help comply with all required rules without unpleasant surprises.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.