Prevailing Wage for H-1B

The prevailing wage is basically the same wage that somebody else who is an American Citizen would get paid to do the job.
Of course, the more education you have, the more will be the prevailing wage.
If the wage is too much for a full-time position, you could always get a part-time H-1B.

Thus, you cannot on the side or on your own get another company, start your own company, start an LLC, form a corporation or anything else regarding the starting of your own business.
While the prevailing wage is high in most H-1B’s, do keep in mind that all H-1B’s for most of they year are allocated in only the first two weeks in April.
Thus, it is more like a lottery these days and not the other kind of work visas that do not have such a crunchtime of submissions around April 1.

H-1B Prevailing Wage Determination — what it is, why it matters, and how employers comply

A prevailing wage determination establishes the wage level an employer must offer for an H-1B position so the foreign worker is paid fairly and U.S. workers are protected. Therefore, employers should secure an accurate prevailing wage early in the recruitment and H-1B petition process, document the basis for the wage, and ensure payroll reflects the required wage for the full period of employment.

What a prevailing wage determination does (short)

• Sets the minimum wage for the job, location, and occupational classification.
• Informs the LCA and supports H-1B petitions and PERM compliance.
• Helps defend audits and wage-related inquiries by DOL or USCIS.

How employers obtain the prevailing wage

Employers typically rely on the Department of Labor’s wage data or request an official Prevailing Wage Determination. The prevailing wage depends on the selected SOC code, geographic area, and the appropriate wage level (entry to experienced).

Immediate steps (before filing an LCA or H-1B petition)

1. Define the position with a detailed job description (duties, education, experience, skills).
2. Identify the correct occupational code and all worksites where the employee will work.
3. Obtain or document the prevailing wage via DOL resources or a formal request.
4. Select and justify the appropriate wage level based on duties and experience.
5. File the LCA and maintain payroll evidence that the worker is paid at least the prevailing wage.

Documentation to retain

• Prevailing wage determination (or DOL Online Wage Library printout).
• Job description, recruitment records (if applicable), LCA, and I-129 petition copy.
• Payroll records, wage calculations, and evidence for multiple worksites.
• Private wage survey materials and methodology if relied upon.

Common pitfalls

• Vague job descriptions that don’t match the SOC code.
• Failing to list all worksites or to update wage compliance after job changes.
• Choosing a wage level without written justification.

How we help

We classify jobs, obtain prevailing wage results, prepare LCAs, draft wage-level justification memos, organize payroll and recruitment records for audits, and advise on multi-worksite and private-survey strategies.