By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: Are we oaky in keeping an H-1B worker without work as long as we pay him during the project breaks too – at the LCA wage level.
Spar & Bernstein: You must pay your H-1 workers the legal wage. This is the higher of the prevailing wage or the actual wage. Actual wage is defined as that which you pay other similar employees in the same geographical location. So, as long as you pay the legal wage, there is no problem.
The Law Offices of Spar & Bernstein, 225 Broadway, 5th Floor, New York, NY 10007. Phone: 1-212-227-3636, 1-800-law-link, 1-800-529-5465 Email: info@lawsb.com
