Most H1B workers know their employer has to pay a “prevailing wage.” Very few understand what that actually means, how it is calculated, what the four wage levels represent, or what to do when they suspect their employer is paying them less than the law requires. This guide covers H1B salary requirements in full — the rules, the tools to look up your own wage, and your rights if something is wrong.
This is not legal advice. Please consult a licensed immigration attorney or labor attorney for your specific situation.
What Is the H1B Prevailing Wage?
The prevailing wage is the minimum salary your employer must pay you under your H1B. It is not a single national number. It varies by your job title, your location, and your experience level. The Department of Labor (DOL) sets prevailing wages using occupational wage data collected by the Bureau of Labor Statistics.
The rule your employer must follow is this: they must pay you the higher of two figures — the prevailing wage for your occupation and location, or the actual wage they pay to similarly qualified workers doing the same job at the same worksite. Both floors exist to protect you and US workers from wage depression.
Why Location Changes Everything
The prevailing wage for a software engineer in San Francisco is dramatically different from the same role in a mid-sized city in the Midwest. USCIS and DOL evaluate your wage based on your actual worksite — not your employer’s headquarters. If your employer is based in New York but you work remotely from Austin, the applicable prevailing wage is based on Austin’s wage data for your occupation.
Remote and hybrid work arrangements have added significant complexity here. If you regularly work from a different city than what is listed on your LCA, your employer may need to file an amended LCA or petition. Always inform your employer and their immigration attorney before permanently relocating to a different metro area.
The Four H1B Wage Levels Explained
Every H1B petition is filed at one of four wage levels. The level determines the minimum prevailing wage your employer must pay. Understanding these levels gives you real negotiating power — and helps you spot when something does not add up.
H1B WAGE LEVELS AT A GLANCE
Based on DOL Occupational Employment and Wage Statistics (OEWS) data. Current wage year: July 2025 to June 2026.
Percentile figures are based on current DOL methodology. A proposed rulemaking published in March 2026 may raise these thresholds. Always verify current levels with your employer’s attorney.
How to Look Up Your Own Prevailing Wage
You do not need to take your employer’s word for what the prevailing wage is. The Department of Labor publishes this data publicly and gives you tools to look it up yourself.
The DOL FLAG Wage Search Tool
Go to flag.dol.gov/wage-data/wage-search. Enter your SOC code (Standard Occupational Classification code), your state, and your metropolitan area. The tool will show you the prevailing wage at all four levels for that occupation in that location. The current active wage year runs from July 2025 through June 2026.
You need your SOC code to use this tool accurately. Your SOC code is listed in Section F of your Labor Condition Application. Ask your employer to share a copy of your LCA — they are legally required to give it to you. The SOC code determines your occupation category, and using the wrong one gives you a meaningless result.
Check Your LCA Directly
Your LCA is a public document. Once certified, DOL publishes LCA data in their disclosure files. You can search for your own LCA at the DOL Performance Data Disclosure page. If you know your LCA number, some third-party tools make searching faster and easier. H1BTrack.com and similar databases compile this public data in a searchable format.
Look Up What Your Employer Actually Files
Public LCA data also tells you the wage level your employer uses for your job title across all their H1B filings. If your employer consistently files at Level I for your job title while you have five years of experience, that is a red flag worth understanding. A company that files Level I for a senior engineer role may be underpaying that worker relative to their actual qualifications. Use H1BTrack.com to check employer filing patterns before accepting an offer or during a salary negotiation.
The Proposed Wage Level Changes in 2026
In March 2026, the Department of Labor published a Notice of Proposed Rulemaking (NPRM) that would significantly raise H1B prevailing wage levels. This is not yet final law — it is in the public comment and rulemaking stage — but it is important to understand what is being proposed.
What DOL Is Proposing
DOL analyzed over three million LCA applications from FY 2020 through FY 2025. Their finding: the average wage offered to H1B workers was approximately $10,191 below the OEWS average wage for the same occupations. The proposed rule would reset the wage level percentiles to close this gap. Under the proposal, Level I would be set at the 34th percentile and Level IV at the 88th percentile — significantly higher than current thresholds.
If finalized, this rule would raise the wage floor for new LCA filings substantially — especially for Level I and Level II positions, which currently account for 63% of all certified LCAs. For workers, this would mean higher minimum salaries. For employers, it would mean higher labor costs for H1B sponsorship.
What This Means for You Right Now
The proposed rule is not yet in effect. You operate under current wage levels until a final rule is published and takes effect. However, if you are negotiating a salary or evaluating a job offer, it is worth understanding that wage minimums for H1B roles are likely to rise. Use that context when negotiating. Employers who understand the regulatory direction are already adjusting their compensation benchmarks.
What Happens If Your Employer Pays You Less Than the LCA Wage
This is more common than it should be. Employers occasionally pay workers below the wage listed on the LCA — sometimes intentionally, sometimes because of administrative errors, sometimes because of illegal deductions from wages.
What the Law Says
Your employer is legally bound to pay you the wage listed on your certified LCA for the entire duration of your H1B. They cannot legally pay you less, even temporarily. They also cannot make you pay back any H1B filing fees — the employer is required by law to bear those costs. Deducting H1B legal fees from your paycheck is a wage violation.
Common Illegal Deductions to Watch For
- Deducting H1B attorney fees or USCIS filing fees from your salary
- Paying you a lower salary during periods when you are on the “bench” without a client project
- Requiring you to pay back training costs if you leave before a certain period
- Paying you a different rate than what is listed on your LCA without filing an amended LCA
Bench time is particularly important to understand. Your employer must pay you the full LCA wage even if they have not placed you on a project. The DOL is clear on this. Paying less during nonproductive time is a wage violation regardless of what your employment contract says. A contract cannot override federal immigration law requirements.
How to Report a Wage Violation
If you believe your employer is paying you below your LCA wage, you have two options. First, raise it directly with your employer and HR. Sometimes this resolves administrative errors quickly. If your employer refuses to correct the underpayment, file a complaint with the Department of Labor using Form WH-4 at dol.gov. The DOL Wage and Hour Division handles H1B wage complaints and can recover back wages on your behalf.
Be aware that filing a complaint with DOL does not put your H1B status at risk. You are a protected worker under the H1B program. Retaliation by your employer against a worker who files a DOL complaint is itself a federal violation.
Using LCA Data to Negotiate Your Salary
LCA data is one of the most underused tools in salary negotiations. Because LCAs are public records, you can see exactly what your prospective employer has paid H1B workers in the same or similar roles — not just what they claim to pay.
Before You Accept an Offer
Look up the employer on H1BTrack.com or the DOL disclosure database. Check the wage levels and actual salary figures they filed for your job title in your location. If they consistently file Level I for your title and you have four years of experience, you now have concrete evidence to push for Level II or higher. If they file Level III for the same role at a competing company, you know there is room to negotiate.
During Your Extension
When your employer files an extension, they must obtain a new LCA reflecting your current wage. This is an opportunity to ensure your salary is correctly classified at the appropriate level for your experience at that point. If you have grown significantly in your role over three years, pushing for a Level III classification at extension time is reasonable — and may result in a meaningful salary increase.
Frequently Asked Questions About H1B Salary Requirements
Is there a single minimum salary for all H1B workers?
No. The commonly cited $60,000 figure applies only to a narrow category of exempt H1B workers. For the vast majority of H1B holders, the minimum salary is the prevailing wage for their specific occupation and geographic location at the applicable wage level. This varies significantly by role and city.
How do I find my prevailing wage?
Go to flag.dol.gov/wage-data/wage-search. Enter your SOC code, state, and metropolitan area. Your SOC code is in Section F of your LCA — ask your employer for a copy. You can also use H1BTrack.com to see what your employer has historically filed for your role.
Can my employer pay me less during slow business periods?
No. Your employer must pay you the full LCA wage throughout your H1B period regardless of their business conditions, project availability, or whether you are sitting on the bench without a client assignment. Paying less than the LCA wage during any period is a federal violation.
What is the difference between prevailing wage and actual wage?
The prevailing wage is the DOL-determined minimum for your occupation and location. The actual wage is what your employer pays to similarly qualified US workers doing the same job at the same worksite. Your employer must pay you whichever is higher. If your employer pays US workers more than the prevailing wage for the same role, they must pay you at least that same higher amount.
Can my employer charge me for H1B legal fees?
No. The employer is legally required to pay all mandatory H1B filing fees. These include the base I-129 filing fee, the ACWIA training fee, and the Fraud Prevention and Detection fee. The employer cannot deduct these from your salary, directly or indirectly. If your employer is deducting H1B costs from your paycheck, that is a wage violation you can report to the DOL.
Will the proposed DOL wage rule increase my salary?
If the March 2026 proposed rulemaking is finalized, it would raise prevailing wage floors for new LCA filings. Workers already on approved LCAs would not be immediately affected mid-petition. However, at your next extension or transfer, the new prevailing wages would apply to the fresh LCA your employer files. The rule is not yet final — monitor developments at regulations.gov.
What wage level should my employer use for my role?
The wage level should reflect your actual experience, the complexity of your duties, and the degree of supervision and independent judgment your role requires. Level I is for true entry-level positions. Level II is for qualified professionals with some independence. Level III is for experienced workers handling complex tasks. Level IV is for experts with high autonomy. If your duties are at Level III but your employer filed at Level I, that discrepancy is worth addressing with an immigration attorney.
Final Thoughts
Your H1B salary is not just a number on an offer letter. It is a legally protected minimum backed by federal law. Understanding your wage level, knowing how to look up your own prevailing wage, and recognizing when something is wrong puts the power back in your hands.
Most H1B workers leave money on the table because they do not know this data exists. It does. It is public. And it is one of the most useful tools available to anyone navigating the H1B system.
Before your next salary negotiation, before you accept a new offer, and before your employer files your extension — check the data. Use H1BTrack.com to look up employer filing history, wage levels, and approval data all in one place.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Immigration and labor laws change frequently. Please consult a licensed immigration attorney or labor attorney for advice specific to your situation.