H-1B Prevailing Wage

It is the minimum wage DOL says an employer must pay for your job in your work location. For H-1B, the employer attests to it on the Labor Condition Application (LCA / ETA-9035) and must actually pay at least the required wage.

The prevailing wage is the local going rate DOL sets. The required wage — what your employer must actually pay — is the higher of the prevailing wage and the employer's actual wage paid to similar workers. You must be paid at least the required wage.

From your SOC occupation code and area of employment, usually via the OEWS survey, sorted into one of four wage levels. The employer lists the prevailing wage and its source on the LCA.

Yes. The wage level (I–IV) sets which percentile of the local wage distribution applies, which directly changes the minimum salary. A more senior role with more requirements maps to a higher level and a higher wage floor.

No. Paying below the required wage violates H-1B rules and can lead to penalties and jeopardize the petition. If your pay is below the LCA wage, raise it with your employer and immigration attorney.

They use the same four-level framework and the same SOC + area basis, but they are separate steps. PERM uses a formal prevailing wage determination (PWD); H-1B uses the wage attested on the LCA. The figures can differ if filed at different times or levels.

The underlying OEWS wage data refreshes annually, typically each July. Your figure can change with the new vintage, so verify the current number at the official DOL source.

Look it up by SOC code and area at the DOL FLAG wage search, and compare it to your offer with our prevailing wage calculator. Confirm the level and figure with your employer's immigration attorney.