Understanding the prevailing wage requirement, employer obligations, and what to do if you suspect you're being underpaid on an H-1B visa.
One of the most common concerns among H-1B workers is whether their employer is paying them fairly. The short answer is clear: no, an H-1B employer cannot legally pay you less than the prevailing wage. The prevailing wage requirement is a core protection built into the H-1B program, enforced by the Department of Labor (DOL), and violations can result in severe penalties including fines, back wages, and debarment from the H-1B program.
| Company | Total H-1B Filings |
|---|---|
| Amazon | 55,150 |
| Microsoft | 34,626 |
| 33,416 | |
| Infosys | 32,840 |
| Tata Consultancy Services | 28,950 |
| Cognizant | 26,700 |
| Deloitte | 18,200 |
| Apple | 15,800 |
| Meta | 14,900 |
| JPMorgan Chase | 12,400 |
The prevailing wage is a legally mandated minimum salary that H-1B employers must pay. Before filing an H-1B petition, the employer must submit a Labor Condition Application (LCA) to the DOL, attesting that they will pay the H-1B worker at least the higher of two amounts: (1) the prevailing wage for the occupation in the geographic area, or (2) the actual wage paid to other employees with similar experience and qualifications in the same role. This dual-wage requirement ensures H-1B workers are not used to undercut domestic wages.
The DOL determines prevailing wages through the Online Wage Library (OWL), which uses data from the Occupational Employment and Wage Statistics (OEWS) survey conducted by the Bureau of Labor Statistics. Wages are assigned to four levels: Level 1 (entry-level, 17th percentile), Level 2 (qualified, 34th percentile), Level 3 (experienced, 50th percentile), and Level 4 (fully competent, 67th percentile). The wage level is determined by the complexity of the role and the worker's experience.
If an employer pays below the prevailing wage, the DOL's Wage and Hour Division (WHD) can investigate and impose penalties. These include back wages owed to the worker (with interest), civil monetary penalties of up to $35,000 per willful violation, and debarment from the H-1B and other immigration programs for up to 3 years. Workers who report violations are protected from retaliation under federal whistleblower protections.
A: You can look up prevailing wages on the DOL's Foreign Labor Certification Data Center (FLAG) website by searching for your SOC code and work location. You can also request a copy of the LCA filed for your position — employers are required to provide it. Compare the wage listed on the LCA with your actual pay. Additionally, search Wisa to see what other employers pay for similar roles.
Q: What should I do if I'm being paid below prevailing wage?
A: You can file a complaint with the DOL's Wage and Hour Division (WHD). The complaint can be filed confidentially, and you are protected from retaliation. An immigration attorney can advise you on your rights without jeopardizing your visa status. Do not assume that speaking up will result in deportation — the law explicitly protects H-1B workers who report wage violations.
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Search H-1B Sponsors on Wisa →No. The prevailing wage is a legally mandated minimum under the H-1B program. Employers must pay at least the prevailing wage or the actual wage paid to similarly employed workers — whichever is higher. Paying below this amount violates the Labor Condition Application (LCA) attestations and can result in fines up to $35,000 per violation, back wage payments, and debarment from immigration programs.
You can look up prevailing wages on the DOL's Foreign Labor Certification Data Center (FLAG) website at flag.dol.gov. Search by your SOC occupation code and geographic work location. The prevailing wage varies by occupation, location, and wage level (1-4). You can also check your employer's LCA filing, which must list the prevailing wage — employers are required to make this available to you upon request.
You can file a confidential complaint with the DOL Wage and Hour Division (WHD). The DOL will investigate, and if violations are found, the employer may be required to pay back wages with interest, face civil monetary penalties up to $35,000 per willful violation, and potentially be debarred from H-1B sponsorship for up to 3 years. You are protected from retaliation under federal law.
An employer cannot reduce your salary below the prevailing wage stated on the LCA. If the employer wants to lower your pay (but still above prevailing wage), they must file a new LCA reflecting the change. Any pay reduction below the LCA wage is a violation. If you are placed in non-productive status (benched), the employer must still pay the full prevailing wage — benching without pay is illegal for H-1B workers.