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If your H-1B employer pays less than the wage required by its Labor Condition Application (LCA), report the alleged 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 with your employer, petition, worksite, pay and violation details, attach your records, and send it to the WHD office that covers the employer’s physical location. File promptly: DOL’s H-1B guidance generally limits complaints to allegations received within the 12 months immediately preceding receipt of the complaint.
This process addresses federal H-1B wage and LCA violations. It does not decide every state-law, contract, tax or immigration question, so consider individualized advice from a licensed attorney when those issues are involved.
Start here: the five actions that matter
- Confirm the issue. Compare what you were actually paid, including deductions, with the wage required for the H-1B job and worksite.
- Download and complete Form WH-4. Use the current form and its instructions; explain each alleged violation and list the dates involved.
- Assemble proof. Include pay statements, your offer or employment letter, the certified LCA, petition information, timesheets, payroll or deduction records, and relevant messages.
- Send the form to the correct WHD office. Jurisdiction is based on the employer’s physical location. The WH-4 instructions list the WHD hotline as 1-866-487-9243 if you need help identifying the office.
- Keep a complete file. Retain the signed form, every attachment, a timeline and proof that you submitted the complaint.
DOL asks complainants to provide as much detail and supporting information as possible. An investigator may contact you for clarification, so use an email address and telephone number that you can reliably monitor.
What wage an H-1B employer must pay
Under Immigration and Nationality Act section 212(n), the employer must offer and pay at least the higher of two figures:
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- Actual wage: the wage the employer pays workers in similar jobs with similar experience and qualifications; and
- Prevailing wage: the wage for the occupational classification and area of employment.
The comparison is job- and location-specific. A lower salary may be unlawful even when it is close to what another worker earns, because the controlling figure is whichever of the actual or prevailing wage is higher. Conversely, the fact that a coworker earns more does not by itself establish the amount owed; the investigation examines the relevant workers, qualifications, occupation and worksite.
Underpayment can arise from a salary rate that is too low, unpaid required wages for time worked, or deductions and employer-imposed costs that reduce your pay below the required wage. The WH-4 materials also identify illegal penalties for leaving employment and retaliation or discrimination connected with reporting or cooperating.
Check eligibility and the filing window
Who may file
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 worker is the person affected by the alleged violation. A credible source can report reliable information about an affected worker or workplace. Your submission should explain your connection to the facts and identify the affected employment.
How far back a complaint can go
The H-1B Advisor says allegations must have occurred within the 12 months immediately preceding WHD’s receipt of the complaint. This is a receipt-based window, not simply the date you begin preparing the form. List every underpayment date and submit as soon as possible. If the pay problem began earlier, identify the full history while clearly separating dates that fall inside the H-1B window. Other legal claims can have different limitations periods, so do not assume the WH-4 deadline controls a state wage, contract or discrimination claim.
Former employees and continuing violations
End of employment does not erase the facts of an alleged violation. Describe when the employment, work and payments occurred, and state the last date on which the alleged underpayment or other conduct happened. WHD will determine which allegations it can investigate under the applicable period.
Build an evidence file before you submit
A clear chronological file helps WHD test the promised wage, the work actually performed and the amount paid. Provide copies rather than irreplaceable originals and keep an index so an investigator can locate each item.
Core documents
- Pay statements for every affected pay period, showing gross pay, hours or salary basis, deductions and net pay.
- Your offer letter, employment agreement and any amended compensation notice.
- The certified LCA for the job and worksite, plus the H-1B petition details you possess.
- Timesheets, schedules, time-clock exports or other records showing when you worked.
- Payroll registers, bank-credit records or deduction notices that explain missing pay or employer-charged costs.
- Messages, tickets or emails discussing your wage, worksite, deductions, requests for correction or threats connected to reporting.
Make the timeline usable
Create a table for yourself with the pay-period dates, hours or salary basis, amount that should have been paid, amount actually received, deductions and the document proving each entry. Mark changes in worksite, job title, schedule, salary or employment status. This is not a substitute for WHD’s calculation; it prevents dates and amounts from being lost when an investigator asks follow-up questions.
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Do not alter payroll records or messages. If a document contains unrelated personal information, you may ask WHD how it wants the material redacted, but preserve an unaltered copy. Explain abbreviations, currency, pay frequency and any conversion from an annual salary to an hourly amount.
How to complete Form WH-4
Follow the form’s current instructions and answer every applicable field. A concise, fact-based narrative is more useful than a general statement that the employer “underpaid” you.
1. Identify the employer and your relationship
Enter the employer’s legal name, trade name if different, physical address and contact information. Provide your name and contact details, job title, employment dates and whether you are the affected worker or a credible source. If a staffing company, client site or successor company is involved, describe each entity and who directed your work.
2. Identify the H-1B job, LCA and petition
State the occupational title, the LCA number if available, the petition or case information you have, and every worksite where you performed the job. Explain any period in which you worked at a location different from the one listed in your records. Include the wage rate promised, pay frequency, effective dates and the wage shown on the LCA or related notice.
3. Describe the underpayment precisely
For each period, state what the employer promised, what the applicable actual or prevailing wage appears to require, what you were paid and how the difference arose. Identify unpaid regular or overtime hours only if they relate to the H-1B wage allegation, and explain deductions or fees that reduced the amount below the required wage. Give dates, amounts and the names or roles of people who made relevant statements.
4. Select every related allegation
The WH-4 materials address failure to pay the required wage, deductions that lower pay below that wage, certain employer-imposed costs, illegal penalties for leaving employment, and retaliation or discrimination for reporting or cooperating. Check and explain each item that applies; do not combine separate events into one undated paragraph.
5. Attach and label supporting records
Number attachments and refer to those numbers in your narrative. For example, identify a pay statement as “Attachment 2, pay period ending March 15” rather than attaching a large unlabeled file. Include translations or a short explanation when a record is not in English, and tell WHD if additional records exist but are controlled by the employer.
Where and how to submit the complaint
- Review the completed WH-4 for missing dates, signatures, contact details, worksite addresses and attachment references.
- Find the WHD office with jurisdiction over the employer’s physical location, not merely your home address or the location of a payroll vendor.
- Send the form and attachments using the submission method accepted by that office. The WH-4 instructions list the WHD hotline, 1-866-487-9243, for assistance.
- Save the exact package you sent and proof of delivery or electronic submission. Record the date WHD received it if that information becomes available.
WHD may contact you for clarification. Respond accurately and promptly, and update the agency if your mailing address, telephone number or email changes.
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What happens after filing
WHD reviews the allegations and supporting material, may request clarification or records, and investigates facts such as the required wage, work performed, payments and deductions. The agency, rather than the complainant, determines whether a violation occurred and how any amount is calculated.
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If violations are found, DOL may recover back wages, reimburse required benefits, assess civil money penalties and, for qualifying violations, debar the employer from the H-1B program and certain other immigration programs. Back wages can include unpaid required wages or benefits and impermissible fees or expenses. The amount depends on the investigation’s findings; do not treat your preliminary spreadsheet as an official award.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Confidentiality and protection from retaliation
Confidentiality has limits
DOL’s H-1B Advisor says, A complainant’s identity will be kept confidential to the maximum extent permitted by law.
This is a legal protection, not a promise of absolute anonymity. The facts of a workplace investigation can sometimes reveal who made a report, and WHD may need information from you to test the allegation. Tell the agency about safety concerns or sensitive circumstances when you file.
Retaliation is a separate allegation
General WHD complaint guidance states: An employer cannot retaliate against a worker for exercising their rights, filing a complaint or cooperating with an investigation.
The WH-4 instructions identify retaliation or discrimination connected with reporting or cooperation as an allegation. Preserve messages, schedule changes, threats, termination notices, unfavorable assignments and other evidence that occurred after you raised a wage concern or participated in an investigation. Notify WHD promptly and describe the conduct, dates and decision-makers; do not wait for the wage issue to be resolved.
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Choose the route based on the problem
Some H-1B situations involve more than one legal issue. Use the agency route that matches the conduct, and describe all relevant facts so agencies can route the matter appropriately.
| Issue | Primary route | Typical focus or remedy | Timing and protection |
|---|---|---|---|
| Unpaid required wage, improper deduction or another LCA attestation | DOL Wage and Hour Division; Form WH-4 | Back wages, required-benefit reimbursement, civil money penalties and possible H-1B debarment for qualifying violations | H-1B allegations generally must be received within the preceding 12 months; confidentiality applies to the maximum extent permitted, and retaliation is prohibited |
| Suspected fraudulent or materially misrepresented H-1B application | DOL Office of Inspector General and/or Department of Justice referral | Investigation of possible fraud or material misrepresentation rather than a routine wage calculation | Deadlines and protections depend on the referred matter; include the underlying facts in your submission |
| Retaliation connected with a wage complaint | WHD, reported as an additional WH-4 allegation | Investigation of the adverse conduct along with the underlying wage issue | Preserve evidence and report promptly; the conduct can be investigated separately from the wage amount |
| State wage, contract, tax or individualized immigration issue | Appropriate state agency, tax authority or licensed attorney | Relief and procedures vary by jurisdiction and claim type | Deadlines differ from the federal H-1B complaint window |
For suspected fraud, do not replace a wage complaint with a fraud referral if you are also alleging underpayment. Describe both categories of facts so WHD and the other agency can determine the proper handling.
Common mistakes that weaken a complaint
- Using the wrong office: sending the WH-4 based on your residence instead of the employer’s physical location can delay routing.
- Missing the 12-month window: waiting while collecting perfect records can leave recent allegations outside the period DOL’s H-1B guidance describes.
- Stating a conclusion without numbers: “I was underpaid” is less useful than a pay-period schedule tied to statements and the LCA.
- Omitting deductions: list fees, reimbursements, repayment demands or other employer-imposed costs that reduced pay.
- Ignoring worksite changes: identify each location and the dates worked there.
- Failing to report retaliation: preserve post-complaint threats, termination or discrimination and tell WHD rather than treating them as unrelated.
- Sending irreplaceable originals: submit copies and keep the complete package and delivery record.
- Assuming WHD decides immigration strategy: the wage investigation does not substitute for individualized immigration advice.
Submission checklist
- Completed and signed Form WH-4.
- Employer legal name, address and physical worksite information.
- Your job title, employment dates, pay rate and pay frequency.
- LCA number, certified LCA and available petition details.
- Dates and amounts of each alleged underpayment.
- Pay statements, timesheets, payroll and deduction records.
- Offer or employment letters and relevant messages.
- Separate descriptions of wage, deduction, illegal-penalty and retaliation allegations.
- Attachment index and a chronological timeline.
- Copy of everything submitted and proof of delivery.
Limits of this federal process
A WH-4 complaint is designed for H-1B wage and LCA enforcement. It does not by itself calculate your final entitlement under every law, resolve a contract dispute, determine tax treatment or predict immigration-status consequences. State wage claims, private contract remedies, tax questions and immigration planning can have different deadlines and standards. Keep those issues separate in your records and obtain advice from a qualified professional when the consequences are significant.
The Bottom Line
Use Form WH-4, send it to the WHD office covering the employer’s physical location, document each underpayment and deduction, and file within the H-1B complaint window described by DOL. Retaliation for filing or cooperating is prohibited, and WHD can seek back wages and other remedies when it finds a violation.
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