Can the employer lower my salary after approval?

The H-1B visa is a category that allows U.S. employers to hire foreign professionals for specialized areas, provided proof that the professional and the position meet specific requirements. In this situation, the beneficiary”s salary must follow a standard that ensures fair and market-appropriate compensation for that role.

After the visa approval and issuance of the Labor Condition Application (LCA) by the U.S. Department of Labor, the employer commits to paying the worker the established salary, which is usually the minimum approved amount or a value above the prevailing wage for the occupation. This commitment aims to prevent harm to both foreign workers and the U.S. labor market.

Therefore, once the H-1B is approved and this salary commitment is made, the employer cannot simply reduce the worker”s salary without violating the established rules. Any such change may be seen as noncompliance with labor and immigration obligations, potentially resulting in actions by responsible agencies, such as the Department of Labor and U.S. Citizenship and Immigration Services (USCIS).

It is very important that both employers and employees pay attention to U.S. immigration laws, strictly following regulations related to working conditions and maintaining agreed benefits. If doubts or situations arise that may suggest irregularities, seeking guidance from specialized and reliable sources is essential to avoid falling into traps or campaigns promising miraculous solutions without legal support.

Remember: maintaining compliance with immigration laws and labor rights is fundamental to ensuring legal security and protecting the interests of all parties involved in the employment relationship.

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.