H-1B Wage Levels 1-4: What They Mean for Your Salary and Petition
Every H-1B petition requires the employer to file a Labor Condition Application stating a wage level -- Level 1, 2, 3, or 4. The wage level determines the minimum salary the employer must pay and signals the complexity of the role to USCIS. Choosing the wrong level is one of the most common triggers for RFEs and denials.
Frequently asked questions
What is the difference between H-1B wage Level 1 and Level 4?
Level 1 corresponds to the 17th percentile of wages for an occupation in a given location -- entry-level work done under close supervision with limited complexity. Level 4 corresponds to the 67th percentile -- a fully competent worker with extensive experience handling complex tasks, possibly supervising others. The wage floor is significantly higher for Level 4. USCIS compares the wage level to the job description, so a complex role filed at Level 1 frequently draws a Request for Evidence.
Can my employer choose a lower wage level to pay me less?
Employers must choose the wage level that accurately reflects the actual job duties. Artificially selecting a lower level to reduce the required wage is a misrepresentation on the LCA and is illegal. Beyond the legal issue, if the job description describes complex duties but the LCA shows Level 1, USCIS will likely issue an RFE questioning the mismatch. Employers must also pay the higher of the prevailing wage or their own internal wage for similar employees in the same role and location.
Where can I look up the H-1B prevailing wage for my job and location?
The DOL's Foreign Labor Application Gateway (FLAG) system at flag.dol.gov provides official prevailing wage data by occupation (SOC code) and location (metropolitan statistical area). You can also view public LCA data through the DOL's disclosure files, which show what wages employers actually certified for past H-1B petitions. Tools that aggregate this LCA data let you search by employer, job title, and city to see real wage ranges for specific companies.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and situation-specific. Always consult a licensed immigration attorney before making decisions about your immigration status.