Does an Increase in Salary Need H1B Amendment and LCA to Be Filed?
I am working in a higher and different position than what is listed in my H1B petition and underlying Labor condition application (LCA), may it be necessary to obtain a new certified LCA and amend the H1B petition?
Many employers perform salary reviews at the end of each year, providing raises to employees who have performed well. This is routine, and normally does not require any changes to the H1B petition. However, if the salary increase results in an employee earning well above the offered wage listed in the H1B petition and labor condition application (LCA) currently in place for the worker, the employer should examine whether the employee still actually is working in the same position and performing the same job duties as those described in the H1B petition.
If the individual is working in a higher or different position than what is listed in the H1B petition and underlying LCA, it may be necessary to obtain a new certified LCA and amend the H1B petition. This should be done at the time when material changes in the position occur. However, not all employers have rigid job categories and clear promotional levels. In fact, in some companies, job changes occur over time, in a somewhat informal manner. If this has happened with an H1B worker, salary may be a key indicator of that fact.
USCIS has stated that an increase of wage alone for the same job may not be a substantial change requiring an amended petition. You need to review of your H-1B petition and job description.
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