H-1B Salary Requirements 2023
Why Does H1B Have Salary Requirements?
The H-1B program has been one of the most popular nonimmigrant visas in the U.S. with increasing applications every year. Unlike most other nonimmigrant visa categories, H1B has minimum wage requirements to ensure both employers and employees are treated fairly in terms of salary and benefits.
Employers are required by the DOL to submit evidence showing their ability to pay the prevailing wage or actual wage. The prevailing wage is the average salary paid to workers with similar roles and responsibilities in the same geographical location. The evidence is used to show that an employer cannot pay employees below a certain amount based on location, industry & job title.
Difference between actual wage and prevailing wage
The prevailing wage is the average salary paid to workers with similar roles and responsibilities in the same geographic area that can reflect market wages.
The actual wage is the wage rate paid by an employer to employees. Employers must compare the actual wage with the prevailing wage as employers can’t pay employees below the prevailing wage.
About the Attorney:
Toni Xu is an experienced immigration attorney who represents foreign workers and businesses that wish to sponsor them.
The information on this page should not be construed as legal advice.
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