USCIS has published a final rule in the Federal Register, withdrawing a previous final rule from January 8, 2021. This prior rule, which was set to take effect on December 31, 2021, would have created a wage-based selection process for H-1B registrations.

H-1B Wage Compliance

By law, H-1B employers are required to submit key job information to the U.S. Department of Labor (DoL) as part of the Labor Condition Application (LCA). This information, which includes wage levels, helps ensure compliance with regulations.

The prevailing wage for H-1B visas is determined by the average wage for specific job types in a particular area. Different wage levels correspond to different levels of seniority and responsibilities. Complying with prevailing wage levels helps protect the U.S. job market and economy while ensuring fair treatment for H-1B workers.