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This document outlines the process for calculating and agreeing upon the actual wage for H-1B and E-3 visa holders, ensuring compliance with labor condition applications and prevailing wage requirements.
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How to fill out actual wage calculation agreement

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How to fill out Actual Wage Calculation & Agreement of Notification of Change in Employment

01
Start by gathering necessary personal information, including your name, job title, and employer's details.
02
Review the sections pertaining to your current wage and any changes to your employment conditions.
03
Fill in the actual wage you are earning or will be earning after the change.
04
Provide information regarding the nature of the changes in your employment, such as a new position or responsibilities.
05
Ensure all fields are filled accurately to avoid delays in processing.
06
Sign the agreement and date it to confirm your acknowledgment of the changes.

Who needs Actual Wage Calculation & Agreement of Notification of Change in Employment?

01
Employees who are experiencing changes in their employment status, such as promotions, demotions, or wage adjustments.
02
Employers who need to formalize wage calculations and changes in employment contracts.
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The term 'actual wage' refers to what employees take home after all additions and deductions have been accounted for. It encompasses not just base salary or hourly pay but also bonuses, overtime payments, commissions, or tips — any form of compensation received by the worker.
Filing Process To request a prevailing wage determination (PWD) for a Nonagricultural Immigration Program (PERM, H-1B, H-1B1, H-2B, and E-3) employers must complete Form ETA-9141 and submit it to the National Prevailing Wage Center. Electronic filing using the FLAG System is strongly recommended.
The Real Living Wage (RLW) rate 2025-26 RegionFY 25-26 UK £12.60 London £13.85
First, determine the total number of hours worked by multiplying the hours per week by the number of weeks in a year (52). Next, divide this number from the annual salary. For example, if an employee has a salary of $50,000 and works 40 hours per week, the hourly rate is $50,000/2,080 (40 x 52) = $24.04.
The actual wage is to be the wage rate paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question. The DOL requires that, for an LCA, the employer document how it calculated the actual wage for the specified occupation.
The general threshold for an H1B is an annual salary of $60,000. This minimum requirement applies regardless of your occupation, work location, and job level. However, the actual prevailing wage for your job position could be higher than this amount. In such cases, you are required to meet the higher wage requirement.
The term 'actual wage' refers to what employees take home after all additions and deductions have been accounted for. It encompasses not just base salary or hourly pay but also bonuses, overtime payments, commissions, or tips — any form of compensation received by the worker.

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Actual Wage Calculation & Agreement of Notification of Change in Employment refers to a documentation process that outlines the computation of an employee's actual wages and serves as a formal agreement notifying relevant authorities about any changes in employment status or wage details.
Employers and businesses that experience changes in employee wages, job positions, or employment status are required to file the Actual Wage Calculation & Agreement of Notification of Change in Employment.
To fill out the Actual Wage Calculation & Agreement, employers must gather relevant employee information, including previous and new wage rates, job titles, employment dates, and any changes made. They then complete the required fields in the form accurately and submit it to the appropriate authority.
The purpose of this agreement is to ensure transparency in wage calculations, to maintain up-to-date records on employment status, and to comply with legal and regulatory requirements regarding employee compensation.
The information reported must include the employee's name, identification number, previous and new wage rates, job titles, employment dates, any adjustments made to the employment agreement, and signatures of both the employer and employee to confirm the changes.
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