Can Your Employer Cut Your H-1B Salary or Hours? The LCA Floor, Amendments and Back-Pay Rules

Your employer wants to cut your pay or your hours. Here is where the LCA floor sits, when an amended H-1B petition has to come first, and how back pay works.

Yes, your employer can reduce your H-1B salary, but only down to a legal floor: the required wage it attested to on your certified Labor Condition Application (LCA), which is the higher of the employer's actual wage for your job and the prevailing wage for your occupation and area. An H-1B salary reduction below that floor is a wage violation, whatever you sign. Moving you from full-time to part-time needs a new part-time LCA and an amended petition filed first. A furlough your employer imposes must still be paid at the required wage. All of these rules are in effect as of November 1, 2026.

Status as of 2026-11-01. In effect: the required-wage and nonproductive-time rules at 20 CFR 655.731, and USCIS's amended-petition rule at 8 CFR 214.2(h)(2)(i)(E). Proposed only: DOL's prevailing-wage rule (RIN 1205-AC30, published 2026-03-27, no final rule), so today's wage levels still apply; and DHS's plan to end the worker 60-day grace period (RIN 1615-AD22, comments close 2026-11-10), so the current grace period still applies. In effect as a directive: Executive Order 14431 on layoffs, with no implementing guidance and no automatic denial. Scheduled: from 2026-11-09, USCIS accepts only the 09/09/26 edition of Form I-129, the form an amended petition uses.

Can my employer lower my H-1B salary?

Your employer can lower your H-1B salary only while it stays at or above your LCA's required wage, the greater of the actual wage and the prevailing wage. A cut below that line violates 20 CFR 655.731 even if you agree. A cut above it is lawful on the wage side but may still call for an amended petition.

The floor is an attestation your employer made to the Department of Labor. On Form ETA-9035 it attested that "for the entire period of authorized employment, the required wage rate will be paid" (20 CFR 655.731(a)). DOL's Fact Sheet #62G calls it a guaranteed wage. To check today's pay against it, use our guide to what your paystub should show against the actual and prevailing wage.

What is the minimum my employer must pay me?

The minimum is whichever of two numbers is higher, and each is checked separately:

• The prevailing wage "must be determined as of the time of filing the application" (655.731(a)(2)). In our reading, the figure on your LCA stays fixed for that LCA: it does not rise when DOL publishes new wage data, and it does not fall in a downturn.
• The actual wage is "the wage rate paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question" (655.731(a)(1)). This is the prong people forget. If only you, or only the H-1B workers, take a cut while comparable colleagues keep their pay, your cut can breach the floor even though you are still above the prevailing wage. If nobody else does your job at your worksite, the regulation makes your own wage the actual wage, so the prevailing wage is the floor that protects you.

Two details matter in a pay-cut conversation. Salaried pay is due in prorated installments "no less often than monthly" (655.731(c)(4)). A later make-up payment counts only if it is nondiscretionary and the employer's records show the commitment and how the amount is set in advance; a vague promise to "true up" at year end does not. And future bonuses count only "if their payment is assured," not if they depend on something like annual profits (655.731(c)(2)(v)). Swapping salary for a discretionary bonus does not keep you at the floor.

H-1B salary reduction, fewer hours or furlough: what each change means

Table: H-1B pay and hours changes, rules as of 2026-11 (20 CFR Part 655 and 8 CFR 214.2; the live eCFR text governs)

Common misconception: "I signed the reduced-pay letter, so the cut is legal now." Correction: the required wage is your employer's attestation to DOL on the LCA. Your signature does not lower it, and nothing in 20 CFR 655.731 lets a worker waive it.

Does an H-1B pay cut require a new LCA or amendment?

A cut below the floor cannot be made lawful on your existing LCA. A cut above the floor, or any change to hours or duties, needs an amended petition if it is a "material change." The regulation sets no dollar threshold, so that judgment belongs to immigration counsel.

8 CFR 214.2(h)(2)(i)(E) requires an amended or new petition "to reflect any material changes in the terms and conditions of employment," with "a current or new certified labor condition application." The timing is explicit: "The amended or new petition must be properly filed before the material change(s) takes place." The same paragraph says you are not authorized to work under the changed terms until the amendment is approved and takes effect, unless you are eligible for H-1B portability. The portability rule at 214.2(h)(2)(i)(H) mentions "a petition for new employment with the same employer," but whether your pay or hours change qualifies, and when you may start under it, is a question for an immigration attorney before the change begins.

Many attorneys advise an amendment even for a large cut that stays above the floor, because the petition describes the offered wage and hours and later filings are compared against it. Our complete guide to when an H-1B amendment is required covers the other triggers, such as worksite and duties. For any amendment filed now:

• Edition and address. From 2026-11-09, USCIS accepts only the 09/09/26 edition of Form I-129 (USCIS I-129 page). I-129 mailing addresses changed on 2026-10-07, and the old ones are accepted only if postmarked on or before 2026-11-09.
• The 9-11 fee. The $4,000 fee for covered employers (50 or more US employees, more than half of them in H-1B or L-1 status) is in effect for petitions postmarked from 2026-09-09 through 2027-09-30, including extensions. An amended petition that does not seek an extension is exempt.
• The $100,000 payment. Amendment and extension requests that USCIS grants inside the US were never covered by it, and a court has vacated the agency guidance implementing it; the USCIS I-129 page says DHS still plans to collect the payment if that order is lifted.
• A new floor. A new LCA's prevailing wage is set on its own filing date, so it can be higher than your old one. DOL's proposed prevailing-wage rule would raise Level I from the 17th to the 34th percentile and Level IV from the 67th to the 88th, but it is proposed, so it does not apply to an LCA filed today.

Can I go part-time on H-1B, or switch from full time to part time?

Yes, H-1B employment can be part-time, but the LCA has to say so. Under 20 CFR 655.730(c)(6), "full-time and part-time positions can not be combined on a single LCA." Going from full-time to part-time therefore needs a new part-time LCA and an amended I-129, filed before your hours drop.

Until then, your full-time LCA controls. If the shorter schedule is the employer's decision, a salaried worker is owed "the full pro-rata amount due," and an hourly worker is owed pay "for a full-time week" (655.731(c)(7)(i)). Cutting your schedule from 40 to 30 hours without the filings does not cut what you are owed.

On a properly filed part-time H-1B, the petition's hours become your minimum. DOL's Fact Sheet #62I says "Part-time workers must be paid for at least the number of hours indicated on the Forms I-129/I-129W petition". If the petition lists a range, you are owed your normal average within it and never fewer than the minimum (655.731(c)(7)(i)).

A reduced schedule that you request is a different case. The regulation lets pay stop for time away "at his/her voluntary request and convenience," but a lasting move to part-time still changes what your LCA and petition say, so the filings question does not go away. Ask an immigration attorney before you agree to one.

H-1B furlough: does your employer still have to pay you?

Yes, if the furlough is the employer's decision. Time off caused by a lack of work, a finished client project or a cost-cutting pause is nonproductive status "due to a decision by the employer," and the required wage is still due. Fact Sheet #62I says H-1B workers "must be paid the required wage rate for all nonproductive time caused by conditions related to employment".

Pay can stop in only three situations under 655.731(c)(7)(ii):

1. You voluntarily request time away for reasons unrelated to the job, such as travel or caring for a relative.
2. You are unable to work, for example on maternity leave, unless a benefit plan or a law such as the FMLA requires payment.
3. There is a bona fide termination. The employer must notify USCIS so the petition is canceled (8 CFR 214.2(h)(11)) and, in certain circumstances, pay your transportation home (8 CFR 214.2(h)(4)(iii)(E)). Being told to stay on call is not a termination.

After a termination, the discretionary grace period in 8 CFR 214.1(l)(2) still applies as of 2026-11-01: up to 60 consecutive days, or until your authorized validity period ends if that is sooner, once per validity period, and you may not work during it. A proposal to eliminate it for H-1B and other workers is open for comment until 2026-11-10 at 11:59 p.m. ET. After that date the comment period has closed, and the grace period stays in place unless a final rule is published, so check the Federal Register before relying on it. If your employer is weighing layoffs instead, our explainer on EO 14431 and how employer layoffs can affect H-1B petitions covers the order, which is in effect as a directive with no implementing guidance and no automatic denial.

A worked example: two options announced on November 2

An illustrative case, in percentages. You are salaried and full-time. The prevailing wage on your LCA is higher than the actual wage for your role, so it is your required wage, and you are paid 10% above it. On Monday, 2026-11-02, HR offers two options from the 2026-12-01 payroll: a 15% cut, or 30 hours a week at a prorated salary.

• Option A: 1.10 x 0.85 = 0.935, or 6.5% below the required wage (our arithmetic). That is a violation on your current LCA no matter what you sign, and a cut applied to everyone in your role does not change it, because the prevailing wage does not move.
• Option B: your hourly rate stays 10% above today's required wage, so the wage side can work, unless the new LCA's prevailing wage, set on its own filing date, is higher. But it is a move to part-time, which needs a part-time LCA certified and an amended I-129 properly filed before 2026-12-01. If the filings are not in place, full-time pay is still owed.

What to do if your H-1B pay is cut: step by step

1. Request a written notice from HR stating the new salary or hours, the effective date, and whether the company will file a new LCA and an amended Form I-129 first.
2. Inspect the LCA public access file under 20 CFR 655.760: the LCA, your wage rate, the actual-wage system and the prevailing-wage source. DOL's Fact Sheet #62F says anyone requesting access "must be allowed to capture the information". See our guide to what the LCA public access file contains and how to request it.
3. Search DOL's LCA disclosure files on the OFLC performance data page. The latest files cover FY2026 Q3 (through 2026-06-30), so a newer LCA may not appear yet.
4. Annualize your gross pay from a recent paystub and compare it with the LCA rate, before and after the change.
5. Consult your own immigration attorney, especially if an extension, a transfer or a green-card case is pending; the attorney who filed your petition usually represents the company. If you are still on STEM OPT or in a cap-gap period and your H-1B has not started, also tell your DSO, because STEM OPT has its own rules for changes to your training plan.
6. File Form WH-4 with the DOL Wage and Hour Division if pay drops below the floor. The WH-4 instructions send it to the WHD office "which has jurisdiction over the physical location of the employer," and 20 CFR 655.806(a)(6) lets you submit a complaint to any local WHD office.
7. Prepare an exit plan in parallel. A new employer can file for you under H-1B portability; see our guide to switching employers on H-1B.

Back pay: what DOL can order and how far back

If WHD finds an underpayment, 20 CFR 655.810(a) sets back wages "equal to the difference between the amount that should have been paid and the amount that actually was paid." Under 20 CFR 655.806(a)(5), you must file within 12 months of the latest violation, but a timely complaint reaches further: "back wages may be assessed for a period prior to one year before the filing of a complaint."

20 CFR 655.801 bars employers from threatening, blacklisting or discharging an employee, including a former employee, for disclosing a suspected violation or cooperating in an investigation. Enforcement is real: DOL's H-1B debarment list, "effective as of October 1, 2026," names six willful violators. For the full process, see our walkthrough of filing a DOL Wage and Hour complaint against an H-1B employer. Back wages are paid as wages, so ask a tax professional how a lump sum affects your return.

Common mistakes

• Accepting a cut verbally. Without a written notice it is harder to show what you were told and when the underpayment began, and the 12-month window runs from the latest violation.
• Checking only the prevailing wage. A cut aimed at you or at H-1B workers alone can breach the actual-wage prong.
• Starting reduced hours before the filings. The amended petition must be properly filed before the change.
• Calling a furlough "unpaid leave." Leave is unpaid only when you request it. Employer furloughs and bench time are paid.
• Counting a promised bonus. Only assured, recorded payments count toward the floor.
• Planning around the proposed wage rule. RIN 1205-AC30 is a proposal; current wage levels apply.

Frequently asked questions

Can my employer lower my H-1B salary?

Only down to the required wage on your certified LCA, the higher of the employer's actual wage for your job and the prevailing wage for your occupation and area (20 CFR 655.731, in effect as of 2026-11-01). A cut below that floor is a wage violation even if you agree to it. A cut that stays above it is not a wage violation, though many attorneys still advise an amended petition when the change is large.

Does an H-1B pay cut require a new LCA or an amended petition?

A cut below the floor on your current LCA cannot be fixed with paperwork. Under 8 CFR 214.2(h)(2)(i)(E), any material change to the approved terms needs an amended or new petition with a current or new certified LCA, properly filed before the change takes place. From 2026-11-09, USCIS accepts only the 09/09/26 edition of Form I-129.

Can I go part-time on H-1B?

Yes, but the LCA must be designated part-time, and full-time and part-time positions cannot share one LCA (20 CFR 655.730(c)(6)). Because the move needs a new LCA, it is treated as a material change, so your employer needs a new part-time LCA and an amended I-129 filed before your hours drop. Until then, a full-time worker given less work is owed full-time pay.

Can my employer put me on an unpaid furlough on H-1B?

Not when the furlough is the employer's decision. Under 20 CFR 655.731(c)(7), nonproductive time caused by the employer, such as a lack of assigned work, must be paid at the required wage. Pay can stop only for leave you voluntarily request, time you are unable to work, or a bona fide termination reported to USCIS.

What can I do if my H-1B pay was cut illegally?

Get the change in writing, review the LCA public access file and compare your annualized pay with the required wage. You can file Form WH-4 with the DOL Wage and Hour Division office covering your employer's location, no later than 12 months after the latest violation (20 CFR 655.806). WHD can order back wages equal to the shortfall, and 20 CFR 655.801 bars retaliation for complaining.

Sources

• 20 CFR 655.731, required wage and nonproductive time (eCFR)
• 20 CFR 655.730, full-time and part-time LCAs (eCFR)
• 20 CFR 655.801, retaliation; 655.806, complaints; 655.810, remedies
• 8 CFR 214.2(h)(2)(i)(E), amended or new petition (eCFR) and 8 CFR 214.1(l)(2), worker grace period (eCFR)
• 20 CFR 655.760, public access file (eCFR)
• DOL Fact Sheets #62G, #62I and #62F
• DOL Form WH-4 instructions and H-1B debarment list
• DOL OFLC performance data and LCA disclosure files
• USCIS Form I-129 page
• Federal Register: proposed prevailing-wage rule, proposed end of the worker grace period, EO 14431

How we checked this: we read the current eCFR text (updated through 2026-10-29) of 20 CFR 655.730, 655.731, 655.760, 655.801, 655.806 and 655.810 and 8 CFR 214.1(l) and 214.2(h)(2)(i)(E) and (H), DOL Fact Sheets #62F, #62G and #62I, the WH-4 instructions, the DOL debarment list, the USCIS I-129 page, and the Federal Register records for RIN 1205-AC30, RIN 1615-AD22 and EO 14431, with policy status as of 2026-11-01. Percentages in the worked example are our arithmetic.

This is general information, not legal or tax advice; your own LCA, petition and approval notice govern, and an immigration attorney should review any pay or hours change before it takes effect.

A pay cut is often the first sign it is time to look elsewhere. If you want help finding employers that sponsor and transfer H-1B workers, F1Jobs runs focused job searches for international professionals.