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by Tim updated on Oct 28, 2026 11:57:39 AM
Table of Contents
- Minimum Salary Requirements for H1B
- How to Check the Prevailing Wage of Your Job?
- What Types of Income Count Toward the H1B Wage Requirements?
If you are applying for or working under H-1B status, one of the most important employment requirements is the wage your employer must pay. But there is no single nationwide minimum salary that applies to every H-1B worker.
In general, an H-1B employer must pay at least the higher of two amounts: the employer’s actual wage for similarly employed workers or the prevailing wage for the occupation in the area of intended employment.
The frequently cited $60,000 figure is not a universal H-1B minimum salary. It applies in a narrower context involving the definition of an “exempt H-1B nonimmigrant” under certain rules for H-1B-dependent employers and willful violators.
This guide explains the H-1B minimum salary requirements in 2026, how prevailing wages and H-1B wage levels work, what the $60,000 rule actually means, and how to check current Department of Labor wage data.
Previously, we released an article on specialty occupation requirements for H1B. In this article, we will focus on the H1B minimum salary requirements.
For the updated selection process, learn how the H-1B wage-level weighted lottery works and why salary classification matters for FY 2027 applicants.
Exempt H-1B workers and $60,000 rule
What Is the Minimum Salary for an H-1B Worker in 2026?
Under Department of Labor rules, the employer generally must pay the H-1B worker at least the “required wage,” which is the higher of:
- the actual wage paid by the employer to similarly employed workers with comparable experience and qualifications; or
- the prevailing wage for the occupational classification in the area of intended employment.
This means two H-1B workers with similar job titles may have different required salaries depending on their occupation, work location, job requirements, experience level, and the employer’s own wage structure.
1. Actual Wage
The actual wage is the wage rate an employer pays workers who have similar experience and qualifications and perform substantially comparable work.
Factors used by an employer in establishing its actual wage may include experience, qualifications, education, job responsibilities, specialized knowledge, and other legitimate business factors.
These wage obligations also apply when an H-1B petition is filed through a business owned by the beneficiary. Learn more about employer responsibilities and salary documentation in our self-sponsored H-1B visa guide.
2. Prevailing Wage
The prevailing wage represents the applicable wage for an occupational classification in the geographic area where the H-1B employee will work.
For H-1B purposes, employers generally must compare the prevailing wage with their actual wage and pay whichever amount is higher.
The prevailing wage therefore cannot be reduced to one national H-1B salary threshold.
Employers must also ensure that the selected wage level accurately reflects the position's duties and qualifications. A recent H-1B wage-level mismatch enforcement case illustrates why incorrect classifications can put petitions at risk.
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Occupation
Prevailing wages vary significantly by occupation. A software developer, financial analyst, engineer, marketing manager, and university researcher will generally have different wage data even when working in the same city.
The occupation used should accurately reflect the duties of the position rather than simply relying on the employee’s job title.
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Job Requirements
The experience, education, skills, supervisory responsibilities, and other requirements associated with a position can affect the wage level assigned to the job.
A position requiring substantially greater experience or responsibility may correspond to a higher wage level than an entry-level position within the same occupation.
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Geographic Area
Prevailing wage data also varies by location because the Department of Labor publishes occupational wage information for different geographic areas.
As a result, the prevailing wage for the same occupation can differ between cities, metropolitan areas, and states.
As shown in the following pictures, the prevailing wage for the position of sales manager is higher in California than in New Mexico.
Wage Levels in Los Angeles, California
Wage Levels in Santa Fe, New Mexico
How to Calculate the H-1B Minimum Salary: Examples
The H-1B required wage is generally calculated by comparing two figures: the prevailing wage for the occupation and work location, and the employer's actual wage for similarly employed workers. The employer must pay the higher amount.
Example 1: Actual wage is higher
Suppose an H-1B position has a prevailing wage of $95,000, while the employer's actual wage for comparable employees is $105,000. The employer must generally pay the H-1B worker at least $105,000 annually.
Example 2: Prevailing wage is higher
If the employer's actual wage is $90,000 but the applicable prevailing wage is $110,000, the required H-1B salary is at least $110,000 annually.
These are hypothetical examples, not official wage figures for any specific occupation or city. The actual requirement depends on the job, worksite, employer's wage practices, and applicable law.
Importantly, meeting the required salary does not, by itself, guarantee H-1B petition approval. The offered position and the beneficiary must also meet the applicable immigration requirements.
H-1B Wage Levels 1–4 Explained
| H-1B Wage Level | Typical Job Characteristics | Salary Requirement |
|---|---|---|
| Level I | Entry-level positions with relatively limited experience requirements | Based on the occupation and work location |
| Level II | Qualified positions requiring more experience or specialized skills | Based on the occupation and work location |
| Level III | Experienced positions involving greater responsibility or advanced job requirements | Based on the occupation and work location |
| Level IV | Fully competent positions with the highest level of responsibility or expertise | Based on the occupation and work location |
Important: H-1B wage levels do not represent fixed nationwide salary ranges. For example, a Level II software developer in San Francisco may have a different prevailing wage from a Level II software developer in Dallas.
Wage levels also influence H-1B lottery selection under the FY 2027 rules. Before preparing a registration, review these four H-1B wage-level mistakes to avoid, including errors involving job classifications, work locations, and salary levels.
How Do H-1B Wage Levels Affect Lottery Selection in 2026?
The H-1B lottery changed significantly in 2026. Under a Department of Homeland Security final rule effective February 27, 2026, USCIS introduced wage-weighted selection for cap-subject H-1B registrations beginning with the FY 2027 registration season.
When selection is necessary, higher wage levels receive greater weight in the selection process:
| H-1B Wage Level | Selection Weight |
|---|---|
| Level I | 1 entry |
| Level II | 2 entries |
| Level III | 3 entries |
| Level IV | 4 entries |
The selection weight is generally based on how the offered salary compares with the Department of Labor's Occupational Employment and Wage Statistics (OEWS) wage levels for the relevant occupation and work location.
This distinction matters: the wage level used for H-1B selection is not necessarily the same as the prevailing-wage level assigned to the position for Labor Condition Application purposes.
Higher selection weight can improve a beneficiary's chances, but it does not guarantee selection or petition approval. Workers whose offered salaries correspond to Level I remain eligible for selection.
The weighted-selection rule is already in effect. It should not be confused with the separate Department of Labor proposal to increase prevailing-wage thresholds, which has not been finalized as of October 9, 2026.
How to Check the Prevailing Wage of Your Job?
You can check the prevailing wage for your job by consulting OFLC Wage Search.
Step 1: Select a data series and choose "7/2024 - 6/2025."
Step 2: Choose "All Industries."
Step 3: Enter your occupation code and job title. Note that you need to type it manually rather than copying and pasting.
Step 4: Choose the area where you are based. Click "Submit" and you will see the wage levels.
You can also refer to wage data collected by the U.S. Bureau of Labor Statistics to compare the median annual wages across different occupations. However, keep in mind that the FLC Data Center is the definitive source for determining salary requirements for H1B.
Proposed H-1B Prevailing Wage Changes in 2026: What Could Change?
In March 2026, the U.S. Department of Labor proposed a major revision to how prevailing wages are calculated for H-1B, H-1B1, E-3, and certain employment-based green card cases.
The proposal would increase the wage-percentile benchmarks used to establish the four prevailing-wage levels.
| Wage Level | Current Approximate Percentile | Proposed Approximate Percentile |
|---|---|---|
| Level I | 17th | 34th |
| Level II | 34th | 52nd |
| Level III | 50th | 70th |
| Level IV | 67th | 88th |
Is the proposed H-1B wage increase already in effect?
No. As of October 9, 2026, the Department of Labor's proposed prevailing-wage methodology has not taken effect as a final rule. Employers should continue applying the prevailing-wage requirements currently in force.
If finalized and implemented, the proposal could raise the minimum required salaries for some H-1B positions, particularly those currently assigned to lower wage levels. The actual impact would depend on the occupation, location, and final regulatory text.
This proposed change is separate from the wage-weighted H-1B lottery rule that took effect in February 2026.
Official source: U.S. Department of Labor — Proposed Prevailing-Wage Rule, March 2026
What Compensation Counts Toward the H-1B Minimum Salary?
For H-1B wage compliance, the key consideration is whether compensation satisfies the Department of Labor's required-wage payment rules.
Base salary: Regular wages paid through the employer's payroll generally count toward the required wage.
Guaranteed bonuses and incentive payments: Certain bonuses or similar compensation may count when payment is assured, properly documented, paid when due, and reported as employee earnings with applicable taxes.
Overtime and other cash compensation: Such payments are not automatically qualifying. They must satisfy the applicable wage-payment requirements and cannot be treated as guaranteed compensation if payment is conditional.
Stock options and employee benefits: Stock options, health insurance, retirement contributions, and other noncash benefits do not automatically satisfy an employer's required-wage obligation. Any compensation credited toward that obligation must meet the applicable cash-wage and reporting requirements.
Employer business expenses: H-1B filing costs and other expenses that employers are required to bear cannot simply be counted as employee wages.
Employers should maintain payroll records, payment documentation, and other evidence showing that the H-1B worker received the legally required wage.
For the detailed requirements, refer to 20 CFR § 655.731.
What If Your Employer Cannot Meet the H-1B Wage Requirement?
If your employer cannot offer a position that satisfies the applicable H-1B wage requirements, it is important to evaluate other immigration and employment options before your current authorization expires. International students currently holding F-1 status can explore H-1B alternatives for international students, including eligible study and employment pathways.
Official Sources
For the latest information, consult:
- U.S. Department of Labor — H-1B Required Wage guidance
- U.S. Department of Labor — H-1B Exempt Worker guidance
- U.S. Department of Labor — Office of Foreign Labor Certification Wage Search
- U.S. Citizenship and Immigration Services — H-1B program information