Requirements that wages be pro-rated in regular installments 

The DOL rule requires that the H-1B employee receive a pro-rated portion of the required wage rate in regular installments. The installments must be no less frequent  than monthly, and must be made according to the employer's ordinary pay schedule. In practice, the DOL has taken the view that the Fair Labor Standards Act requires payment in more frequent intervals generally for most professional positions, a two week pay period. Each installment must equal a pro-rated portion of the total required wage rate, unless part of the required wage rate is made up of payments such as performance bonuses or one-time payments. In this case, the additional payments, when divided by the total number of pay periods, must bring each installment up to a pro-rated portion of the required wage rate.

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