Actual Wage Requirements Regarding H-1B Aliens

Labor Department regulations affecting the employment of H-1B aliens require an employer to explicitly document the actual wage for the position. The Labor Department suggests that an employer write a memorandum to the file summarizing the employer's pay system. The Labor Department does not require copies of payroll records in this file.
     You should write a brief memo to the file stating how the H-1B alien's salary compares with similarly employed non-alien employees of your company, and the variables that determine differences, if any, between the H-1B alien's salary and similarly employed non-alien employees' salaries. If your H-1B alien is employed in a unique position in your company, a memo to the file stating this should suffice, as long as you explain why the alien's position is unique.
     Your memo should include the following information for the H-1B worker and all similarly employed workers, if any:

1. Full name
2. Home address
3. Occupation
4. Rate of pay
5. Hours worked/daily and /weekly
6. Total daily or weekly straight time earnings
7. Total overtime compensation per week
8. Total additions or deductions from pay each week
9. Total wages paid each pay period, date of pay, and pay period covered

For further information on these or any other immigration issues, please contact Miller Mayer.