Why does California has different Salary Requirement for H1B workers than other States?

Immigration 2 views 2 answers
I am an H1B Visa Holder, and currently work in Alaska. I want to transfer to California Division within same company, but lawyers say that Salary requirement for California is much higher wage than that of Alaska. This is why current California Div manager cannot transfer me there because of Higher salary that he needs to give me in order to transfer. Is there a way that I can change regions, without being penalized by higher salary requirement in California?

Attorney Answers

2
Philip Eichorn ·
The prevailing wage is the controlling issue. Someone of your experience and education will likely command a much higher wage (also considering cost of living) in California than in Alaska. In order to be in proper H-1B status, the petition must be supported with a proper labor certification. Said LCA must set forth the employer attestation that you will be paid the prevailing wage.
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Shah Peerally ·
Each state and even each county has a different prevailing wage. It will be a violation of the LCA and ultimately H1B rules not to pay the prevailing wage. Unfortunately there are no ways around this except may have a wage survey but it is often difficult to get an approval with such surveys. The lawyer are right. Good Luck Shah Peerally Founder and Managing Attorney of Shah Peerally Law Group PC Law Firm Deals in Immigration law, Bankruptcy & Debt Relief Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.
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