Understanding H-1B prevailing wage levels 1-4, how wages are determined, DOL wage databases, and salary requirements by occupation and location.
Last updated: April 2026 · Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed immigration attorney.
The prevailing wage is the average wage paid to similarly employed workers in a specific occupation in the geographic area of intended employment. H-1B employers must pay the higher of the prevailing wage or the actual wage paid to other employees in similar positions. The DOL determines prevailing wages using data from the Occupational Employment and Wage Statistics (OEWS) survey, published by the Bureau of Labor Statistics. Prevailing wages vary significantly by occupation, location, and wage level.
The DOL uses four wage levels based on job complexity and experience required. Level 1 (Entry): For positions requiring basic understanding and limited experience. Wage is the 17th percentile. Level 2 (Qualified): For positions requiring moderate experience and special skills. Wage is the 34th percentile. Level 3 (Experienced): For positions requiring advanced skills and significant experience. Wage is the 50th percentile (median). Level 4 (Fully Competent): For positions requiring complete mastery and leadership. Wage is the 67th percentile. The assigned level significantly impacts both the required salary and the strength of the H-1B petition.
You can look up prevailing wages using the DOL's Online Wage Library (OWL) at flcdatacenter.com. Enter the occupation (SOC code) and work location to see wages for all four levels. Our database shows actual H-1B salaries filed by employers, which you can compare against prevailing wage levels to understand where employers typically set compensation. The BLS Occupational Employment Statistics data provides additional context on domestic salary benchmarks.
Wage level has become increasingly important for H-1B approvals. USCIS has used low wage levels (Level 1) as evidence that a position may not qualify as a specialty occupation. The reasoning: if an employer pays entry-level wages, the duties may be entry-level and not require specialized knowledge. Filing at Level 2 or higher significantly strengthens the petition. Many immigration attorneys now recommend Level 2 as the minimum for strong petitions.
There is no fixed minimum salary. The required wage is the prevailing wage for the specific occupation and location, which varies widely. For example, a software developer in San Francisco may require $130,000+ while the same role in a rural area might require $80,000.
Level 1 (Entry, 17th percentile), Level 2 (Qualified, 34th percentile), Level 3 (Experienced, 50th percentile), and Level 4 (Fully Competent, 67th percentile). Higher levels require more experience and specialized skills.
No. By law, H-1B employers must pay at least the prevailing wage for the occupation and location. Paying less is a violation of the LCA attestations and can result in penalties, back pay requirements, and debarment from the H-1B program.