Salary is one of the first things the government checks in an H-1B case. Before an employer can file a petition, it must promise the Department of Labor that the foreign professional will be paid fairly for the job and the location. Get that number wrong and the result can be a denied petition, back wage liability, or weaker odds in the annual cap selection.
This article explains how H-1B wage requirements work in 2026, how prevailing wage levels are set, and what employers and workers should confirm before an offer letter goes out.
Quick Answer: What Wage Must an H-1B Employer Pay?
An H-1B employer must pay at least the required wage, which is the higher of two figures: the prevailing wage for the occupation in the area of employment, or the actual wage the employer pays similar workers in the same role. There is no single national H-1B minimum salary. The required wage depends on the job, the worksite location, and the wage level assigned to the position.
Key Takeaways
- The required wage is the higher of the prevailing wage and the employer’s actual wage.
- Prevailing wages are set by occupation and geographic area, across four wage levels (Level I through Level IV).
- The wage level reflects the requirements of the job, not just the worker’s resume.
- Since February 27, 2026, the wage level also shapes selection odds in the H-1B cap registration.
- Wage duties last for the entire period of employment, including slow periods with no assigned work.
- A Department of Labor proposal published in March 2026 would raise all four wage levels if it becomes final.
What Is the H-1B Prevailing Wage?
The prevailing wage is the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. Congress built this rule into the program for two reasons: to keep foreign professionals from being underpaid, and to keep U.S. workers from being undercut.
Every employer sponsoring a professional in H-1B status makes this wage promise on the Labor Condition Application, or LCA (Form ETA-9035). The LCA is filed with the Department of Labor and must be certified before the H-1B petition goes to USCIS.
Prevailing Wage, Actual Wage, and Required Wage
Three terms come up in every case, and they are easy to mix up.
| Term | Meaning | Where It Comes From |
|---|---|---|
| Prevailing wage | Average wage for the occupation in the local area at the assigned wage level | DOL wage data, a prevailing wage determination, a union contract, or a qualifying wage survey |
| Actual wage | Rate the employer pays other workers with similar experience and qualifications in the same job at the same worksite | The employer’s own pay records |
| Required wage | The higher of the two figures above. This is the legal floor. | Stated on the certified LCA |
The Department of Labor fact sheet on the H-1B required wage confirms this rule and adds a detail many employers miss: when no comparable employees exist at the worksite, the actual wage is simply the wage paid to the H-1B worker.
The Four H-1B Wage Levels
The Department of Labor publishes prevailing wage data for each occupation and metro area at four levels. The figures come from the Occupational Employment and Wage Statistics (OEWS) survey and are refreshed every July 1.
| Wage Level | Current Percentile | Typical Role Profile | Cap Selection Entries |
|---|---|---|---|
| Level I | 17th | Entry-level role with a basic grasp of the occupation and close supervision | 1 |
| Level II | 34th | Qualified professional handling moderately complex tasks with limited judgment | 2 |
| Level III | 50th | Experienced professional exercising sound judgment, sometimes coordinating others | 3 |
| Level IV | 67th | Fully competent expert solving complex problems, often with management duties | 4 |
One point surprises many applicants: the level attaches to the position, not the person. A candidate with a doctorate can still hold a Level I job if the role itself only calls for a bachelor’s degree and little experience.
Officers compare the stated job requirements against the norm for the occupation, so the job description and the wage level must tell the same story. That same description drives the specialty occupation analysis USCIS applies to every H-1B role, which makes consistency across both essential.
How Employers Determine the Prevailing Wage: Step by Step
- Define the job. Write down the duties, minimum education, required experience, special skills, and any supervisory responsibilities.
- Select the occupational code. Match the role to the closest Standard Occupational Classification (SOC) code based on duties, not job title.
- Identify the area of intended employment. Wage data is tied to the metro area of the worksite, which includes a home office for remote staff.
- Assign the wage level. Start at Level I and move up when the role demands more experience, education, special skills, or supervision of others than is normal for the occupation.
- Choose a wage source. Most employers use the OEWS figures in the Department of Labor’s FLAG wage search tool. Others request a formal prevailing wage determination (Form ETA-9141), which takes longer but offers safe harbor protection if the wage is questioned later.
- Compare against the actual wage. Review what similar employees earn and offer whichever figure is higher.
- File the LCA and build the H-1B public access file. The Department of Labor generally reviews LCAs within seven working days, and the file must be available within one working day of filing.
Location deserves extra attention. A financial analyst in Miami and a financial analyst in San Jose can have very different prevailing wages for identical duties, and hybrid or multi-site roles may need a wage check for each location. Companies hiring in Florida often turn to counsel who handle H-1B petitions for South Florida businesses to confirm the correct wage area before an offer goes out.
How Wage Levels Now Affect H-1B Selection Odds
For years, the cap lottery treated every registration the same. That changed on February 27, 2026, when a Department of Homeland Security rule replaced the purely random draw with a weighted selection. A registration at Level IV is entered four times, Level III three times, Level II twice, and Level I once. The FY 2027 season, with registration in March 2026, was the first to run this way.
Employers must now list the SOC code, the work location, and the highest wage level that the offered salary meets or exceeds. If a role spans several worksites, the lowest resulting level counts. Our firm tracked this change from the proposal stage, when the random H-1B lottery was first slated for a wage check, and the final rule kept the same basic design.
The practical effect is simple. A higher salary can improve selection chances, but only when the offer is real and the employer can sustain it. USCIS may deny or revoke a petition if it finds that the employer selected an inappropriate wage level or lowered the offered wage after registration to improve selection odds.
Employer Wage Obligations After the Petition Is Approved
Certification of the LCA is the start of the wage duty, not the end. The main ongoing rules are:
- Pay starts on time: wages are owed once the worker begins employment, and no later than 30 days after arrival in the U.S., or 60 days after becoming eligible to work for the employer if already here.
- No unpaid benching of H-1B workers: if the employer has no work to assign, the full required wage is still due.
- No shifting of business costs: petition filing fees and related legal costs cannot be deducted in a way that drops pay below the required wage.
- Equal benefits: health insurance, retirement plans, and paid leave must be offered on the same basis as for U.S. colleagues.
- New worksite, new analysis: a move outside the original metro area usually calls for a new LCA and an amended H-1B petition after a worksite change.
- Raises apply too: when similar employees receive increases, the H-1B worker’s pay should follow.
The obligation ends only with a genuine termination, which includes notifying USCIS and offering the cost of return transportation when the employer ends the job early. Companies with several sponsored employees usually benefit from structured immigration compliance support for their HR teams so that wage records stay audit-ready.
Common Wage Mistakes That Put Petitions at Risk
Most wage problems come from mismatches rather than bad intent. These are the patterns we see most often:
- Choosing Level I for a role whose posted requirements call for years of experience or a master’s degree
- Using an occupational code that carries a lower wage but does not fit the actual duties
- Relying on headquarters wage data when the employee works from another city
- Counting discretionary bonuses toward the required wage
- Leaving the public access file incomplete after filing
- Skipping a new LCA after an employee relocates
USCIS reviews the LCA against the petition, and a wage level that looks too low for the described duties is a known trigger for requests for evidence. Wage and classification conflicts also rank among the common reasons H-1B petitions are denied, and they are far easier to prevent than to fix.
On the Labor side, investigators can order back wages, impose civil money penalties for each violation, and bar an employer from the program for a year or more in serious cases.
Proposed Changes to Prevailing Wage Levels in 2026
On March 27, 2026, the Department of Labor published a proposed rule that would raise the percentile behind each wage level for H-1B, H-1B1, E-3, and PERM cases. As of early October 2026, the proposal has not been finalized, so the current levels still apply.
| Wage Level | Current Percentile | Proposed Percentile |
|---|---|---|
| Level I | 17th | 34th |
| Level II | 34th | 52nd |
| Level III | 50th | 70th |
| Level IV | 67th | 88th |
If adopted, the new figures would apply to LCAs and prevailing wage requests filed on or after the effective date, and to determinations still pending on that date. LCAs that are already certified would not be reopened. Entry-level wage requirements could rise by more than 30 percent, which matters for extensions, job changes, and green card planning alike.
The same four-level system governs the prevailing wage determination for PERM labor certification, so employers with long-term sponsorship plans should budget for both scenarios now.
Getting the Wage Right From the Start
Wage compliance touches every stage of an H-1B case: registration, the LCA, the petition, extensions, and any later green card filing. A careful review of the job description, location, and wage level before filing costs far less than repairing a problem afterward. The attorneys at Stelmakh & Associates LLC advise employers and professionals on H-1B wage strategy in Seattle, Miami, New York, San Francisco, Chicago, Austin, and across the United States. Book a consultation to have your position and wage level reviewed before your next filing.
Frequently Asked Questions About H-1B Wage Requirements
What is the minimum salary for an H-1B visa in 2026?
There is no single national minimum salary for H-1B workers. The floor is the required wage for the specific job and location, meaning the higher of the prevailing wage or the employer’s actual wage. The often-quoted $60,000 figure relates to special rules for H-1B-dependent employers, not a general salary minimum.
Who decides the prevailing wage for an H-1B position?
The employer selects the prevailing wage from an approved source, and the Department of Labor oversees the process. Most employers rely on OEWS data from the agency’s online wage search. An employer can also request a formal prevailing wage determination from the National Prevailing Wage Center for added protection.
Can an employer pay less than the prevailing wage?
No. Paying below the required wage violates the Labor Condition Application, even when the worker agrees to it. The Department of Labor can order back wages, assess civil penalties, and bar the employer from sponsoring foreign workers for a period of time.
How do I find the prevailing wage for my job?
You can look it up in the Department of Labor’s FLAG wage search tool. Enter the SOC code for the occupation and the county or metro area of the worksite, and the tool displays the Level I through Level IV wages. Your certified LCA also lists the prevailing wage your employer used.
Does a higher wage level improve H-1B lottery chances?
Yes. Under the weighted selection rule in effect since February 27, 2026, Level IV registrations receive four entries, Level III three, Level II two, and Level I one. The offered salary must truly meet the level claimed, and USCIS checks the petition against the registration.
Does an H-1B employer have to pay when no work is available?
Yes, in most cases. If the lack of work is the employer’s decision, such as a gap between projects, the full required wage is still owed. Pay may stop only for worker-driven reasons, such as a voluntary personal leave, or after a genuine termination.
Does the prevailing wage change if I move to a different city?
Usually, yes. Prevailing wages are tied to the metro area of the worksite, so a move outside the original commuting area generally requires a new LCA at the new location’s wage and an amended H-1B petition filed before the move.
Will H-1B prevailing wages increase in 2026 or 2027?
Possibly. The Department of Labor proposed higher wage levels in March 2026, including moving Level I from the 17th to the 34th percentile, but the rule is not final as of October 2026. Separately, the underlying wage data updates every July 1, so the figures shift each year.