H1B Prevailing Wage in 2026: What Your Salary Must Meet

The prevailing wage is the minimum salary that an employer must pay an H1B worker for a specific occupation in a specific geographic area. The Department of Labor (DOL) sets these rates to ensure that hiring foreign workers does not undercut wages for U.S. workers in the same role.

Every H1B petition requires a certified Labor Condition Application (LCA), and the LCA locks in a prevailing wage that the employer must meet or exceed for the entire duration of your employment. If the employer pays below this threshold, they are violating federal law — and you may have grounds for a complaint or a wage claim.

For H1B workers navigating a job change after a layoff, the prevailing wage is one of the first numbers a new sponsoring employer will look at. It determines the salary floor for your offer, which directly affects your ability to secure a new position quickly.

The DOL divides prevailing wages into four tiers based on experience and skill level. Each tier corresponds to a percentile of wages collected through the Occupational Employment and Wage Statistics (OEWS) survey conducted by the Bureau of Labor Statistics.

Level 1 — Entry Level (17th Percentile)

This is the lowest prevailing wage tier, intended for positions requiring basic understanding of the occupation. It is commonly used for:

• Recent graduates in their first professional role
• Junior developers, analysts, or engineers
• Positions with close supervision and limited autonomy

Level 2 — Qualified (34th Percentile)

Level 2 applies to workers who have gained enough competence to work with limited supervision. Many H1B positions for mid-career professionals fall into this tier.

Level 3 — Experienced (50th Percentile)

This tier covers workers who are fully competent in the role and can work independently. It is typical for senior individual contributors and specialists with several years of experience.

Level 4 — Fully Competent / Expert (67th Percentile)

The highest prevailing wage level is reserved for workers who set standards, lead teams, or serve as subject matter experts. Managerial and principal-level positions often require Level 4 wages.

The wage level your employer selects must accurately reflect the actual requirements of the job, not just what they want to pay. USCIS and DOL scrutinize cases where the wage level appears inconsistent with the job duties described in the petition.

You can find the exact prevailing wage for your occupation and metro area using the DOL's Online Wage Library at flcdatacenter.com. Here is how to check your rate:

1. Go to the Foreign Labor Certification Data Center — Navigate to the OEWS wage search tool 2. Select your state and metro area — Wages vary significantly by location. A software developer in San Francisco has a much higher prevailing wage than the same role in rural Alabama 3. Enter your SOC code — The Standard Occupational Classification code identifies your job category. Common H1B codes include: - 15-1252: Software Developers - 15-1211: Computer Systems Analysts - 15-1299: Computer Occupations, All Other - 11-3021: Computer and Information Systems Managers 4. Review the four wage levels — Compare your actual salary to the level listed on your LCA

Checking Your LCA Directly

Your employer's LCA is a public document. You can search for it on the DOL's disclosure data or request a copy from your employer — they are legally required to provide it. The LCA will list the prevailing wage, the wage level, the SOC code, and the worksite location. Compare these against the current OEWS data to ensure accuracy.

What If Your Employer Filed in a Previous Year?

Prevailing wages are locked in when the LCA is certified, not when you check. If your LCA was certified in 2024, the 2024 prevailing wage applies for that LCA period. However, if your employer files a new LCA — for an extension, amendment, or transfer — the current 2026 prevailing wage rates will apply.

While you should always verify the exact figure for your specific SOC code and metro area, here are approximate annual prevailing wage ranges for software developer roles (SOC 15-1252) in major H1B markets for 2026:

• **San Jose-Sunnyvale-Santa Clara, CA** — Level 1: ~$128,000 | Level 2: ~$155,000 | Level 3: ~$182,000 | Level 4: ~$209,000
• **San Francisco-Oakland, CA** — Level 1: ~$122,000 | Level 2: ~$149,000 | Level 3: ~$176,000 | Level 4: ~$203,000
• **Seattle-Tacoma-Bellevue, WA** — Level 1: ~$116,000 | Level 2: ~$142,000 | Level 3: ~$168,000 | Level 4: ~$194,000
• **New York-Newark, NY-NJ** — Level 1: ~$110,000 | Level 2: ~$136,000 | Level 3: ~$162,000 | Level 4: ~$188,000
• **Austin-Round Rock, TX** — Level 1: ~$98,000 | Level 2: ~$120,000 | Level 3: ~$143,000 | Level 4: ~$165,000

These figures increase annually as the BLS updates its survey data. Always confirm the latest numbers directly through the wage library rather than relying on published estimates.

Paying below the prevailing wage is not a gray area — it is a violation of federal labor law. If you suspect your compensation falls short, here is what you need to know.

Your Rights as an H1B Worker

• Your employer must pay you the **higher of** the prevailing wage or the actual wage paid to similar employees at the company
• You are entitled to back pay for any period where you were underpaid
• Your employer cannot retaliate against you for raising a wage complaint
• You do not need to still be employed by the company to file a complaint

How to File a Complaint

You can file a complaint with the DOL's Wage and Hour Division. The process is confidential, and your immigration status is protected during the investigation. The DOL can order the employer to pay back wages, penalties, and in serious cases, bar the employer from future H1B sponsorship.

Practical Considerations After a Layoff

If you were laid off and later discover your former employer was paying below prevailing wage, you still have the right to file a claim. This can result in a back-pay award that provides some financial breathing room while you search for a new sponsor. The statute of limitations is generally 12 months from the date of the violation, though some circumstances can extend it.

When you are changing employers — especially under time pressure after a layoff — the prevailing wage becomes a practical gating factor in several ways.

Salary Negotiations

Your new employer cannot offer you less than the prevailing wage for the role and location, regardless of what you might be willing to accept. This actually works in your favor during negotiations because it sets a documented floor. If a potential employer offers below what seems reasonable, check whether their offer even meets the prevailing wage — if it does not, that is a red flag about their willingness to comply with H1B requirements.

Remote Work Complications

The prevailing wage is tied to the worksite, not the employer's headquarters. If you are working remotely from Austin but the company is based in San Francisco, the LCA should reflect the Austin prevailing wage. However, if the employer files using the San Francisco location, they must pay the San Francisco prevailing wage even if you work from a lower-cost area. Errors here can cause LCA denials or compliance issues down the road.

Wage Level and RFEs

USCIS has increased scrutiny on petitions filed at Level 1 wages for roles that appear to require more experience. If you have five or more years of experience and the employer files at Level 1, expect a Request for Evidence (RFE) challenging whether the wage level matches the job requirements. A new employer who understands H1B compliance will file at the appropriate level from the start.

Whether you are currently employed or searching for a new H1B sponsor, here are practical steps to protect yourself:

• **Keep a copy of every LCA** associated with your employment. Your employer is required to give you a copy on or before your first day of work
• **Verify your SOC code** matches your actual job duties. An incorrect SOC code can lead to an artificially low or high prevailing wage
• **Document your actual work location** — if you move or work remotely, the LCA may need to be amended
• **Check the wage library annually** to confirm your salary still meets or exceeds the current prevailing wage for your area
• **Save pay stubs and offer letters** — these are essential evidence if you ever need to file a wage claim
• **Ask questions during the hiring process** — a reputable employer will be transparent about the wage level and SOC code they plan to use on your LCA