Overview
When an employer files an H-1B petition, they must certify they are paying you at or above the prevailing wage for your occupation, industry, and location. The prevailing wage system uses four levels (Level I through Level IV) to account for different experience and responsibility within the same occupation. The level your employer selects determines the minimum wage they must pay you — and has significant downstream consequences for your H-1B and green card.
The Four Wage Levels
| Level | Description | Typical Worker | % of Median |
|---|---|---|---|
| Level I | Entry level, limited experience, works under close supervision | New graduate, 0–2 years experience | ~75th percentile of entry |
| Level II | Qualified, experienced, works with general supervision | Mid-level professional, 3–5 years | 50th percentile of wage range |
| Level III | Experienced, works independently, may supervise others | Senior professional, 6–10 years | Above median |
| Level IV | Fully competent, top of field, often supervisory or expert role | Principal/staff/distinguished engineer, manager | Top of wage range |
The DOL Occupational Employment and Wage Statistics (OEWS) program publishes prevailing wage data for every occupation and location combination. The level selected determines the specific dollar amount the employer must pay.
What do these levels mean in actual dollars for your job? Enter your job title and work city below to see the prevailing wage at each level for your specific occupation and location.
How Employers Choose Wage Levels
Employers and their attorneys select the wage level based on the actual job duties and requirements of the position — not based on the worker’s experience, title, or compensation. A position requiring specialized skills and independent judgment must be Level III or IV, regardless of whether the worker being hired is a new graduate.
Key factors in level determination: degree of supervision required, complexity of tasks, level of judgment exercised, whether the worker supervises others, and whether the role requires mastery of the occupation.
Level I Scrutiny — Why It Matters
Level I is heavily scrutinized by USCIS because a specialty occupation H-1B position (which by definition requires at least a bachelor’s degree in a specific field) is, by that very definition, generally not an “entry level” position. USCIS has issued numerous RFEs and denials specifically questioning whether Level I-wage H-1B positions truly qualify as specialty occupations.
Impact on Your Green Card
Your wage level during the H-1B phase has a direct impact on the green card PERM process. During PERM, your employer must request a Prevailing Wage Determination from DOL. The PWD level will determine the minimum wage the employer must pay throughout the green card process — and beyond.
If your H-1B was filed at Level I but your actual duties and responsibilities have grown to Level II or III work, the PWD for your PERM may come back at a higher level — requiring the employer to commit to a higher wage going forward. This is often a point of friction between employers and employees during the green card process.
How to Check LCA Wage Levels
Every certified LCA is publicly available on the DOL Foreign Labor Certification Data Center website. You can search for your employer and find your LCA to see exactly what wage level was certified and what the prevailing wage and actual wage are.
On VisaPulse’s H-1B employer search, it is also possible to search an employer and see aggregate wage data from LCA filings, giving you a picture of what the employer typically pays across different roles and levels.
If an H-1B Worker Is Being Underpaid
The LCA is a legal document in which your employer attested to the government that they would pay you at or above the prevailing wage for your level. If you believe an H-1B worker is being paid below the LCA wage, this is a potential LCA violation.
Complaints can be filed with the DOL Wage and Hour Division. LCA violations can result in back wage payments to you, civil money penalties to the employer, and in serious cases, debarment from future H-1B sponsorship. Consult an immigration or employment attorney if you believe an LCA violation has occurred.