What Is Prevailing Wage
Prevailing wage is the minimum salary the U.S. Department of Labor determines an employer must pay for a specific occupation in a specific geographic area when sponsoring a foreign worker for employment-based immigration. The Department of Labor publishes these wage levels by job title, location, and skill level to ensure that hiring foreign workers does not depress wages for U.S. workers in that profession.
Where Prevailing Wage Applies
Prevailing wage requirements apply primarily to these visa and green card pathways:
- H-1B visas: The employer must file an LCA (Labor Condition Application) certifying the wage offering meets or exceeds the prevailing wage for that role and location.
- PERM labor certification: During the permanent labor certification process, employers must demonstrate they are offering wages at or above the prevailing wage level to qualify for the green card sponsorship.
- EB-3 skilled workers: Employers sponsoring skilled workers through the employment-based green card process must meet prevailing wage requirements on USCIS forms like the I-140 petition.
How Prevailing Wage Is Determined
The Department of Labor uses multiple data sources to set prevailing wages, including wage surveys, occupational employment statistics, and unemployment insurance data. Wage levels are broken into four tiers based on experience and responsibility within the same job classification. A Level I wage (entry-level) is lower than a Level IV wage (fully competent/experienced). An accountant in San Francisco will have a significantly higher prevailing wage than the same occupation in rural Mississippi.
For H-1B positions, you can check the actual prevailing wage using the Foreign Labor Certification Data Center (FLCDC) website, which publishes LCA data filed by employers.
Impact on Your Immigration Case
Prevailing wage directly affects your eligibility and timeline:
- During PERM labor certification: The employer's job posting must offer at least the prevailing wage. If the role is offered below prevailing wage, USCIS will likely deny the PERM application, delaying your green card priority date by months or years.
- During adjustment of status or consular processing: USCIS reviews the offered wage on your I-140 petition. If it falls below prevailing wage, your case can be denied regardless of your other qualifications.
- Your salary negotiation: You cannot negotiate an H-1B salary below the prevailing wage, even if you would accept less. The employer is legally obligated to pay the prevailing wage minimum.
Common Questions
- Can my employer pay me more than the prevailing wage? Yes. The prevailing wage is a floor, not a ceiling. Many employers pay significantly above it, but they cannot pay below it for immigration-sponsored positions.
- What happens if my actual salary is below the prevailing wage when I apply for adjustment of status? Your green card application will likely be denied. The wage offered at the time of PERM and I-140 filing must meet or exceed the prevailing wage for the position.
- How often does the Department of Labor update prevailing wages? Prevailing wages are updated regularly and can change year to year based on labor market data. Always verify the current prevailing wage for your location and job title before signing an employment contract or starting the sponsorship process.
Related Concepts
Understanding prevailing wage is foundational to these closely related immigration topics: