What is the H-1B prevailing wage requirement?
H-1B Visa
January 01, 2026
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Answer
📋 Summary:
H-1B employers must pay the "prevailing wage" - the average wage for that occupation in that geographic area. This is determined by the Department of Labor. Employer cannot pay less than prevailing wage to H-1B workers.
H-1B Prevailing Wage Requirement:
- Definition: Average wage for occupation in geographic area
- Determined by: Department of Labor (DOL)
- Purpose: Protect U.S. workers and ensure fair wages
- Must pay: Employer must pay at least prevailing wage (or actual wage, whichever is higher)
Additional Information:
- Prevailing wage varies by: Job title, location, experience level
- DOL has wage databases (OES, CBA, etc.)
- Employer must get prevailing wage determination before filing H-1B
- Cannot pay H-1B worker less than prevailing wage
- Must pay actual wage if higher than prevailing wage
💡 In Other Words:
Prevailing wage is like a "minimum wage" for your specific job and location. The government says "this job in this city should pay at least $X" and your employer must pay you at least that much. It's designed to prevent employers from hiring H-1B workers cheaply - they have to pay market rates. Think of it as a protection for both you and U.S. workers.
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