Legal Question in Immigration Law in Maryland

Re: H1-b

During the labor certification process, a prevailing wage will be determined. A job offer can state a range of wages, which is ok as long as the lowest end of the range is at or above the prevailing wage determined. Under recent laws, employers are required to pay 100% of the prevailing wage determined during labor cert. Under older rules, it was only 95%. Failure to do so may result in revocation or invalidation of the labor certification granted. The employer would receive notice beforehand, though, so it's not like suddenly your friend will get a letter in the mail saying her H-1 has been revoked.

If your friend applied for the H-1B overseas, then they may have an actual visa -- basically a big sticker -- placed in their passport by the local US consulate. When the actually enter the country, the border patrol agent would staple the I-94 in the passport, and that's what really controls the conditions of their stay. If they applied for a change of status inside the US, then there the visa sticker would be unnecessary since they're already here.