If your H-1B employer pays less than the wage required by the certified Labor Condition Application (LCA), report the suspected violation to the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) with Form WH-4, H-1B Nonimmigrant Information. Complete the form, attach your payroll and employment records, and send it to the WHD office covering the employer’s physical location. The WHD hotline listed in the form instructions is 1-866-487-9243.
The required H-1B wage is the higher of the actual wage paid to similarly employed workers with comparable experience and qualifications or the prevailing wage for the occupation and area of employment. DOL complaints generally must concern allegations received within the 12 months immediately preceding receipt of the complaint, so file promptly and identify every underpayment date.
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What an H-1B employer is required to pay
Under Immigration and Nationality Act § 212(n), an H-1B employer must offer and pay at least the required wage stated through the LCA process. That minimum is not automatically the number in your offer letter or the lowest salary the employer pays in practice. It is the higher of two measures:
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- Prevailing wage: the wage for the occupational classification and area where the work is performed.
If either measure is higher than what you received, the difference may be an H-1B wage violation. DOL can order back wages when its investigation establishes that the required wage was not paid.
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Compare the wage for the job and location covered by the LCA with what you actually received during each affected pay period. A change in duties, worksite, pay frequency, or assignment can matter, so preserve records showing when each version of the arrangement applied. The LCA, petition, offer letter, payroll records, and time records may not use identical wording; explain the relationship among them rather than discarding a document because the title or format differs.
Pay deductions can create an underpayment
A violation is not limited to a salary number that looks too low on a paycheck. The WH-4 materials address deductions that reduce pay below the required wage, including certain employer-imposed costs. Records showing fees, expenses, or other deductions taken from your compensation can therefore be important even when your stated hourly or annual rate appears to match the LCA.
List each deduction separately. Identify its date, amount, reason given by the employer, and whether it appeared on a pay statement or was collected another way. Do not assume that a charge is irrelevant because it was described as a reimbursement, equipment cost, placement fee, repayment, or administrative expense. Let WHD evaluate whether the charge was an impermissible reduction of the required wage.
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Other allegations that can be listed
Form WH-4 also covers illegal penalties for leaving employment and retaliation or discrimination connected with reporting a violation or cooperating with an investigation. Describe those facts separately rather than assuming they are part of the wage calculation.
A resignation-related penalty, for example, should be described with the agreement or message imposing it, the date, the amount or consequence, and whether the employer demanded payment or withheld wages. Retaliation should be tied to a protected report or cooperation and to the specific adverse action that followed.
Who can file and how far back the complaint can go
DOL’s H-1B Advisor states: “Only an aggrieved party or a credible source can file a complaint with the Wage and Hour Division (WHD).” An aggrieved party is generally the worker affected by the alleged violation; a credible source may be someone with reliable information about it.
The H-1B complaint process generally covers allegations that occurred within the 12 months immediately preceding WHD’s receipt of the complaint. This is a filing-window rule, not a reason to wait until the end of the period. Make a list of each pay period, deduction, or other event you believe violated the LCA requirement and submit the complaint as soon as practical.
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Use the date WHD receives the complaint as the practical reference point. If an underpayment began earlier but continued into the relevant period, identify the entire history and clearly mark the dates falling within the 12-month window. WHD can determine what it may investigate; omitting older or continuing facts can make the chronology harder to understand.
Other possible claims, such as a state wage claim, contract claim, tax matter, or discrimination claim under a different law, can have different deadlines. A WH-4 filing does not automatically preserve every separate claim.
How to file Form WH-4 step by step
- Download the current Form WH-4 and instructions. Use the form titled “H-1B Nonimmigrant Information.” Read the instructions before completing the allegation section so you can identify each applicable violation.
- Identify the employer and the work relationship. Provide the employer’s legal name, address, your job title, the dates of employment, and the physical worksite or worksites. WHD uses the employer’s physical location to determine the office that handles the complaint.
- Enter the LCA and petition details. Include the certified LCA number if available, the occupation and wage information shown on the LCA, and relevant petition or approval details. If you worked at more than one location, list each location and the dates you worked there.
- Describe the pay you were promised and the pay you received. State the agreed rate, the rate shown on the LCA, the dates and amounts actually paid, and how you were paid. Explain whether the shortfall came from a low wage, unpaid hours, an unpaid benefit, a deduction, or another employer action.
- Describe the alleged violations in dates and facts. Write a chronological account. For example, identify the first affected pay period, the amount paid, the amount you believe was required, and any explanation the employer gave. Add separate paragraphs for deductions, unlawful penalties, retaliation, or discrimination.
- Attach supporting documents. Include as much relevant information as possible. Useful records include pay statements, employment and offer letters, the certified LCA, timesheets, payroll or deduction records, and messages about pay or work location. Organize documents by date and label them so an investigator can connect each item to the allegation.
- Send the completed form to the WHD office with jurisdiction over the employer’s physical location. The WH-4 instructions list the WHD hotline, 1-866-487-9243, if you need help identifying the appropriate office or have procedural questions.
- Keep a complete copy and delivery proof. Save the signed form, every attachment, and evidence showing when and where you sent the complaint. Keeping a copy is practical protection for follow-up; DOL does not prescribe one particular delivery method in the materials summarized here.
What to put in the factual narrative
Use plain, specific language instead of legal conclusions alone. A useful narrative answers:
- What job did you perform, and where did you perform it?
- What wage and pay frequency did the LCA, offer letter, or employment agreement state?
- What did each paycheck show?
- Which dates, hours, benefits, fees, or deductions produced the alleged shortfall?
- When did you tell the employer, and what response did you receive?
- Did the employer threaten, penalize, discriminate against, or otherwise treat you differently after you raised the issue?
Separate what you personally observed from what another worker told you. Identify the documents that support each important statement. If you do not know an exact figure, say that it is an estimate and explain how you calculated it from the available records rather than guessing.
A practical filing checklist
- Confirm the employer’s full legal name and physical location.
- Write down every worksite and the dates worked at each one.
- Locate the certified LCA and note its number, occupation, wage, and validity dates.
- Build a pay-period table showing the expected rate, amount paid, deductions, and claimed difference.
- Mark the first and most recent dates within the 12-month complaint window.
- Save the completed WH-4, attachments, and delivery confirmation in a location the employer cannot control.
Evidence that makes an underpayment complaint useful
DOL asks complainants to provide as much supporting information as possible and may contact you for clarification. You do not need to prove the entire case before filing, but a dated record set helps WHD understand the wage comparison and calculate any possible loss.
Core pay and immigration records
- Certified LCA, including the occupation, worksite, and wage information.
- H-1B petition or approval details that identify the employer and job.
- Offer letter, employment agreement, and written compensation policies.
- Pay statements for every affected pay period.
- Timesheets, schedules, timekeeping exports, or other records of hours worked.
- Payroll registers, deduction explanations, and records of fees or expenses charged to you.
Communications and workplace records
- Messages or emails about your rate, delayed pay, deductions, work location, or requested corrections.
- Notices of termination, suspension, demotion, or a changed schedule after you complained.
- Documents showing an employment penalty for leaving or attempting to leave.
- Names and contact information for people who can verify the pay practice, if you can provide them safely.
Preserve original files where possible and keep a separate copy outside an employer-controlled account. Do not alter a document to make it easier to read; instead, explain any missing page, redaction, or unusual format in your submission.
Keep a simple index: number each attachment, state the date range it covers, and refer to that number in the narrative. For a long payroll history, group statements by month or pay period and identify gaps. If a document is unavailable because the employer controls it, say so and describe what you remember; WHD may request clarification or additional records.
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Where a wage complaint fits among other reporting routes
WHD is the primary federal route for unpaid H-1B wages and other LCA attestations. Suspected fraud or a different type of discrimination may require another agency or an additional referral. You can describe all relevant facts in your submission so agencies can route them appropriately.
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Random freezes, missing sound and display glitches usually trace back to one bad driver. Find and replace yours safely.Free scan · under a minute| Issue | Primary route | What to describe | Timing point | Potential relief |
|---|---|---|---|---|
| Unpaid required wage, improper deductions, or another LCA violation | DOL Wage and Hour Division using Form WH-4 | Required wage, actual payments, dates, worksites, deductions, and records | H-1B allegations generally must have occurred within the 12 months immediately preceding WHD’s receipt of the complaint | Back wages, reimbursement of required benefits, civil money penalties, and possible H-1B-program debarment for qualifying violations |
| Suspected fraudulent or materially misrepresented H-1B application | DOL Office of Inspector General and/or Department of Justice, as appropriate | The specific statement or document you believe was knowingly false or materially misrepresented, with supporting facts | Deadlines depend on the particular offense or claim | Relief and enforcement depend on the agency and the facts |
| Retaliation or discrimination connected with reporting or cooperation | WHD when covered by the H-1B complaint process; another civil-rights agency may apply to a separate discrimination claim | Protected report or cooperation, employer knowledge, adverse action, dates, and witnesses or records | Deadlines vary by legal theory; do not assume the WH-4 window applies to every claim | Possible remedies depend on the statute and agency handling the claim |
A wage complaint and a fraud referral are not interchangeable. A low paycheck is handled as a wage or LCA issue; a knowingly false or materially misrepresented application is a separate allegation. State wage, contract, tax, and civil-rights procedures can also operate alongside the federal process.
How to describe suspected fraud without overstating it
Identify the particular application statement, document, worksite, job duty, or wage representation you believe was knowingly false or materially misrepresented. Explain what you observed, when you learned it, and which records support the concern. Use factual wording such as “the petition listed one worksite, but I was directed to work at another location on these dates” rather than asserting intent you cannot establish. Include the issue in the WH-4 submission and identify it as a possible fraud matter so the appropriate agency can evaluate routing.
Confidentiality and protection from retaliation
DOL’s H-1B Advisor says: “A complainant’s identity will be kept confidential to the maximum extent permitted by law.” That is a legal protection with limits, not a promise of absolute anonymity. The facts of an investigation may make it possible for an employer to infer who reported the conduct, and an agency may need additional information from you.
General WHD guidance states: “An employer cannot retaliate against a worker for exercising their rights, filing a complaint or cooperating with an investigation.” Retaliation can include firing, threats, intimidation, reduced hours, unfavorable reassignment, discriminatory treatment, or another penalty because you raised the wage issue or assisted an investigation. The WH-4 instructions specifically identify retaliation or discrimination for reporting or cooperating as an allegation.
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- Write down the protected activity, such as the date you complained or spoke with WHD.
- Record each retaliatory act, who took it, when it happened, and how it changed your work or pay.
- Preserve messages, schedules, pay records, performance documents, and witness information.
- Notify WHD promptly and explain that retaliation is a separate allegation connected to your complaint.
- Consider advice from a licensed employment or immigration attorney before signing a settlement, resignation, or release.
Do not destroy company records, access systems without authorization, or copy material you are not entitled to possess. Preserve evidence lawfully and avoid conduct that could create a separate workplace or criminal issue.
What happens after you submit
Keep your phone number, email address, and mailing address current so WHD can contact you for clarification. Respond consistently and provide the requested records in an organized form. If your contact information changes, notify the office handling the complaint and retain proof of the update.
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WHD decides what facts establish a violation and what relief is available. Your submission should therefore distinguish documents you are attaching from information you believe the employer or another witness has. Do not assume that filing alone determines the amount owed, proves intent, or guarantees a particular immigration outcome.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What WHD may recover
When an investigation establishes qualifying violations, WHD may seek:
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1Clear out junk files and repair common Windows errors2Fix the driver behind crashes, sound loss and screen glitches3Repair Windows errors before they cause bigger problems- Back wages: unpaid required compensation calculated from the facts of the investigation.
- Required benefits: reimbursement for benefits that should have been provided or paid.
- Impermissible fees and expenses: amounts that improperly reduced the required wage.
- Civil money penalties: monetary penalties authorized for qualifying violations.
- Debarment: exclusion from the H-1B program and certain other immigration programs for qualifying violations.
The final amount is not determined by multiplying a claimed difference by an assumed period. WHD evaluates the wage evidence, hours, benefits, deductions, and applicable facts of the investigation. Filing a complaint does not guarantee a particular award or immigration result.
Common mistakes to avoid
- Waiting until the 12-month period is nearly over. File promptly and list each affected date.
- Sending the form to the wrong location. Jurisdiction is tied to the employer’s physical location, not necessarily your home address or the employer’s headquarters elsewhere.
- Submitting only a conclusory statement. Add rates, dates, pay periods, deductions, worksites, and documents.
- Ignoring deductions. A deduction or employer-imposed cost can reduce pay below the required wage even when the nominal salary looks correct.
- Leaving out retaliation. Report threats, penalties, or discrimination connected with your complaint as separate facts.
- Assuming one federal filing covers every claim. State wage, contract, tax, immigration, and civil-rights issues may have different procedures and deadlines.
- Signing away rights without advice. Have a qualified attorney review a release, settlement, resignation agreement, or immigration-related document before signing if you are unsure of its effect.
- Sending originals you cannot replace. Keep the originals and submit copies unless the office specifically requests otherwise.
- Mixing separate issues together. Use headings or separate paragraphs for wage shortfalls, deductions, penalties, retaliation, and possible fraud so each allegation is clear.
When individualized legal advice is important
The federal H-1B wage process can identify an alleged LCA violation, but it does not calculate every possible state or contract claim and does not predict immigration-status consequences. Consider consulting a licensed employment or immigration attorney when your status, green-card process, employment termination, settlement, tax records, competing state claims, or potential fraud allegations are involved. An attorney can also help you preserve evidence and coordinate deadlines without replacing the WH-4 filing.
Frequently Asked Questions
How do I report my H-1B employer for paying me less than the LCA wage?
Complete Form WH-4, H-1B Nonimmigrant Information, describe the required and actual pay for each affected date, attach supporting records, and send it to the WHD office covering the employer’s physical location. The WH-4 instructions list 1-866-487-9243 for procedural help.
Where do I file Form WH-4?
Send the completed form to the Wage and Hour Division office with jurisdiction over the employer’s physical location. That may differ from your home address or from a corporate headquarters in another state.
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How far back can I claim unpaid H-1B wages?
DOL’s H-1B complaint guidance generally covers allegations received within the 12 months immediately preceding WHD’s receipt of the complaint. File promptly and list every affected pay period, including continuing underpayments. Other state, contract, tax, or discrimination claims may have different deadlines.
What evidence do I need to prove H-1B underpayment?
Provide as much detail as possible: the certified LCA, petition or approval details, offer or employment letters, pay statements, timesheets, payroll and deduction records, worksite information, and messages about pay or corrections. A complete dated record helps WHD compare the required wage with actual payments.
Can my H-1B employer retaliate if I complain?
Retaliation for exercising rights, filing a complaint, or cooperating with an investigation is prohibited under general WHD guidance. Report firing, threats, intimidation, reduced hours, unfavorable reassignment, discriminatory treatment, or another penalty as a separate allegation, with dates and records.
What if my employer deducted fees or expenses even though my salary matched the LCA?
List each employer-imposed fee, expense, or deduction, its amount and date, and how it reduced your take-home compensation. WH-4 materials address deductions that reduce pay below the required wage, so a nominal salary match does not end the inquiry.
Is a wage complaint the same as reporting H-1B fraud?
No. Unpaid wages, improper deductions, and other LCA attestations go to WHD through Form WH-4. A suspected fraudulent or materially misrepresented H-1B application may be referred to the DOL Office of Inspector General or the Department of Justice. Describe the factual basis for both issues so they can be routed appropriately.
What can WHD recover?
For qualifying violations, WHD may recover back wages, reimburse required benefits, assess civil money penalties, and seek debarment from the H-1B program and certain other immigration programs. The result depends on the investigation’s facts and does not guarantee a particular immigration outcome.
The Bottom Line
Use Form WH-4 to report an H-1B wage or LCA violation to the WHD office covering the employer’s physical location. Show the higher required wage, the actual payments, every affected date, and any deductions, penalties, retaliation, or related facts with organized records. File promptly because the H-1B complaint window generally reaches allegations received within the preceding 12 months, and obtain individualized legal advice when other claims or immigration consequences are involved.
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