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[VA] Can an H-1B worker recover unpaid wages from an employer that paid less than the LCA wage?
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I came to the USA in May 2025 through my employer, with whom I had previously worked in India. After arriving in the USA, I was not paid for the first two months. Even after repeatedly asking about my salary, my employer informed me that payment would be processed only after I received my Social Security Number (SSN) and completed the onboarding process.
On August 15, 2025, I finally received payment for the month of July, which was according to the Labor Condition Application (LCA). However, in the following months, the company did not continue paying me according to the LCA requirements. Despite asking multiple times for clarification, they never provided a proper explanation. During phone conversations, they also threatened to send me back to India if I was not willing to "adjust" with the reduced salary they were paying. I gave the company approximately 6–8 months to correct my salary and pay me properly according to the LCA terms. Additionally, while I was in India, the company required me to sign a bond stating that I could not leave the company for a minimum of 3 years while working in the USA. They had also promised to provide food and cover other living expenses in the USA. In February 2026, I left the company and transferred to a new employer by filing an H-1B transfer request.
Unfortunately, my petition received a Request for Evidence (RFE) related to underpayment and specialty occupation concerns regarding my role. I submitted the RFE response and am currently waiting for a decision. I contacted my previous employer multiple times requesting clarification regarding my pay records, as the payslips did not match the official records. I also requested employment and client letters for the work I performed. Despite repeated follow-ups, they failed to provide clear responses or the required documentation. This entire situation has caused me significant mental stress and has negatively affected my mental health, visa status, and financial stability due to the lack of proper salary payments. I now want to recover the unpaid wages owed to me and pursue legal action against the company.
I'm really sorry to hear about the difficulties you've faced with your employer regarding your pay and the stress it has caused you. Can you tell me if you have any written communication or documentation from your employer regarding your salary and the terms of your employment?
Will the employment client letter work as a proof?
Have you already consulted with any other legal professionals about this situation, or is this your first step in seeking legal assistance?
It is my first step
Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your unpaid wages.
I don't know
Hi there! Welcome to our service. My name is Liz and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. So I can best help, to be clear, do they still have outstanding wages that they owe you?
Yes they do.
In what state is the company?
Virginia
Got it, thanks. Have you filed a complaint with the department of labor?
No i did not
That can be a good option to reach out to the department of labor and you could open a wage claim. Contacting homeland security/USCIS about the fact they were also violating H1b law can help as well. Besides administrative options, did you want to consider a suit?
Yes i want to consider suit also i want to really sue them its just not with me it did happen with other people previously.
Do you know how many people it harmed?
It happened with two people.
You could share an attorney and all file one larger suit.
What should i gather and share with attorney? What kind of proofs, documents and what suit i can put on them?
Collect any written agreements, including the bond you signed about the 3-year commitment. Federal H-1B rules prohibit employers from imposing a penalty on a worker for leaving early (20 CFR 655.731(c)(10)(i))). These documents will help establish the terms of your employment and any promises made by your employer. Obtain a copy of the LCA that was filed for your H-1B visa - employers must keep it in a public access file under (20 CFR 655.760). This document outlines the wage requirements and can be used to show discrepancies in your pay (the required wage is the higher of the actual or prevailing wage). Gather all pay stubs, bank statements, and any other records of payment you received. Highlight any inconsistencies or missing payments compared to what was promised. Virginia's wage payment law, (VA Code § 40.1-29), allows employees to sue for unpaid wages.
Compile emails, messages, or any written communication with your employer regarding your salary and employment terms. This includes any threats or demands to "adjust" your salary. Retaliation against H-1B workers who raise wage complaints is prohibited under (20 CFR § 655.801). If possible, obtain statements from other employees who experienced similar issues. This can strengthen your case by showing a pattern of behavior by the employer. Does that help?
Also can i demand the amount which I didn't receive as part of LCA. Or more than that? What if just based under payment issue my visa get rejected?
You can start with the amount of wages you're actually missing, but you could add in any further damages that their actions have directly caused.
Okay what if i reach out to department of labor? Will they be able to help me to get the amount back?
If you do a wage claim, yes they can help get the missing wages back.
But it happened last year can they able to help now?
Yes, the Department of Labor can still help with a wage claim from last year. You get 3 years to file.
Okay so i have a bond document that i signed in India before coming to USA, now i have employment letter, offer letter and also LCS copy, payslips, w2 form, bank statements. Can all these be sufficient to open a suit?
Yes and you can also get more documents during discovery.
What if RFE gets denied can able to open a suit even if i go back?
You could still sue even if you return home.
What to you think its a right time to do it now or once after receiving the visa RFE status response?
It's generally a good idea to wait for the RFE response before taking legal action, as it might affect your current status and options. However, you can start preparing your case and gathering all necessary documents in the meantime. I hope I was able to help! If you have any other questions, feel free to ask.
If I have to sue them properly what kind of documents help me to prove that they are not innocent and makes my suit more powerful.
Your LCA and prevailing wage can show what you were supposed to receive.
Thank you for the help.
You're very welcome.
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