No law on minimum wage/salary requirements for H-1B visa
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So I had asked a question earlier - is there a minimum wage requirement
for an employer to pay when sponsoring someone for an H-1B visa?
From what I've found out - the procedure for H-1B visa is as follows:
1) Apply for Labor Condition Appl. (LCA) from the Dept. of Labor with
your proposed wage rate (only rate, nothing else) for the proposed job
title and location. You may select 'part-time' (the position doesn't
have to be full-time).
2) Wait for LCA approval.
3) Send in the I-129 to USCIS. In this form, you specify not only the
job title, location, wage rate, 'part-time', but also the hours/week.
The kicker is that there is NO minimum to the hours/week. In other
words, it would be valid to say in the I-129 petition that the position
is only for 5 hrs/week!
At least there's no written law about this.
So my question:
Am I missing something here?
There MUST be some minimum annual salary requirement for an H-1B visa
sponsorship, right?
Or is that just at the discretion of the immigration office - to accept
or deny an I-129 petition if the salary is too low?
Any insights/feedback would be really appreciated.
Thanks,
CF
for an employer to pay when sponsoring someone for an H-1B visa?
From what I've found out - the procedure for H-1B visa is as follows:
1) Apply for Labor Condition Appl. (LCA) from the Dept. of Labor with
your proposed wage rate (only rate, nothing else) for the proposed job
title and location. You may select 'part-time' (the position doesn't
have to be full-time).
2) Wait for LCA approval.
3) Send in the I-129 to USCIS. In this form, you specify not only the
job title, location, wage rate, 'part-time', but also the hours/week.
The kicker is that there is NO minimum to the hours/week. In other
words, it would be valid to say in the I-129 petition that the position
is only for 5 hrs/week!
At least there's no written law about this.
So my question:
Am I missing something here?
There MUST be some minimum annual salary requirement for an H-1B visa
sponsorship, right?
Or is that just at the discretion of the immigration office - to accept
or deny an I-129 petition if the salary is too low?
Any insights/feedback would be really appreciated.
Thanks,
CF