H-1B Salary and Prevailing Wage Levels I-IV Explained

Actual wage vs prevailing wage

The actual wage is what the employer pays others with similar experience and qualifications in the same job. If there are none, the H-1B worker's own pay is the benchmark.

The prevailing wage is the going rate for the occupation in the area of employment. It is set as of the date the LCA is filed.

The employer attests on the LCA that it will pay the higher of the two. Benefits must be offered on the same basis as to US workers.

How levels I-IV are calculated

DOL bases its prevailing wage levels on the Bureau of Labor Statistics OEWS survey. It has done so since 1998.

According to a Congressional Research Service report from October 2, 2026, the levels map to points in each area's wage distribution.

• Level I: the mean of the lower-paid third, about the 17th percentile.
• Level II: one-third of the way from Level I to Level IV, about the 34th percentile.
• Level III: two-thirds of the way from Level I to Level IV, about the 50th percentile.
• Level IV: the mean of the higher-paid two-thirds, about the 67th percentile.

How the level is chosen

The level depends on the job's duties and its education and experience requirements. It does not depend on your personal résumé alone.

Employers can request a determination from DOL's National Prevailing Wage Center. They can also use an independent survey or another legitimate source.

OFLC wage data is posted at flag.dol.gov. CRS notes it is updated for LCAs filed as of each July 1.

Why wage level now affects the lottery

A weighted selection rule took effect February 27, 2026, for the FY 2027 cap season. Registrants must give the highest OEWS level the offered wage meets.

Under the rule, a Level IV registration gets four entries, Level III three, Level II two and Level I one.

So a higher offered wage can improve the odds of selection for a new cap-subject petition. The petition must later support the same wage level.

Does a Level I wage hurt your chances?

In the lottery, yes. A Level I registration gets one entry, while Level IV gets four.

It does not by itself hurt the petition after selection. The pay must meet the required wage and must not fall below the level claimed at registration.

There is no single national minimum H-1B salary. The $60,000 figure applies only to the extra rules for H-1B dependent employers.

As of October 2026, USCIS had not published FY 2027 selection rates by wage level.

Moving from L-1 at a lower salary

L-1 has no prevailing wage rule. H-1B does, so the H-1B offer must meet the required wage for the job and area.

An H-1B salary lower than your L-1 pay is not a problem in itself. What matters is that it meets the LCA wage and the level your employer claimed at registration.

If the offered wage changes after registration, ask your employer's lawyer how it compares to that level.

A proposed change to watch

On March 27, 2026, DOL published a proposed rule to raise all four levels. Level I would move from about the 17th to the 34th percentile, Level II to the 52nd, Level III to the 70th and Level IV to the 88th.

It would cover H-1B, H-1B1, E-3 and PERM. Approved LCAs and PERM certifications would not be reopened.

The comment period closed May 26, 2026. As of October 2026, no final rule had been published.

A similar rule in 2020 was struck down in court. Check flag.dol.gov or the Federal Register before relying on any change.

How to check an employer's pay

DOL's LCA disclosure files show each case's offered wage, prevailing wage and, when the employer used OES data, the wage level.

Employers must also keep a public access file within one working day of filing an LCA. It includes the LCA, the worker's pay rate and the prevailing wage source.

You can compare these numbers across employers on our /h1b-sponsors page, which shows filings and pay together.

Remember that a past filing at a certain wage doesn't guarantee an employer will sponsor a given role at that pay.

Higher-paid roles and dependent employers

H-1B dependent employers face extra attestations. CRS notes these are waived for workers paid at least $60,000 a year or holding at least a master's degree.

CRS also notes that the $60,000 figure has not been adjusted since 1998.

When pay must start

Pay starts when you enter into employment, meaning you are available for work or under the employer's control.

Even before that, pay must start 30 days after you are admitted on the petition. If you are already in the US, it starts 60 days after you become eligible to work for the employer.

Pay rules that protect you

Wages must be paid on payroll, with taxes withheld, at least monthly. Salaried workers are paid in prorated installments.

The employer cannot pass LCA or petition costs, including attorney fees, onto you if that drops your pay below the required wage.

If you are idle because the employer has no work for you, it generally must still pay the required wage.

This article is general information, not legal advice. Confirm your situation with an immigration attorney.

Questions

Sources

• 20 CFR 655.731 (Cornell LII)
• CRS: Prevailing Wage Requirements for H-1B, H-1B1, and E-3 Workers (Oct. 2, 2026)
• USCIS: H-1B Electronic Registration Process
• USCIS news release: DHS changes process for awarding H-1B work visas (Dec. 23, 2025)
• Tonkon Torp: DHS Finalizes H-1B Weighted Selection Rule
• DOL LCA Public Disclosure File Record Layout, FY2026 Q3
• DOL WHD Fact Sheet #62F: Public access file
• DOL WHD Fact Sheet #62H: Deductions from H-1B worker's pay
• Boundless: H-1B prevailing wage changes 2026 (DOL proposed rule)
• KPMG: DOL proposes higher prevailing wage levels (2026)

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