Same salary means different wage levels in different MSAs — how to use OEWS data by SOC code to predict your level and optimize lottery odds
Under the FY2027 wage-weighted H-1B lottery, your wage level determines your selection odds: Level 4 gets 62% odds, Level 3 gets 46%, Level 2 gets 31%, and Level 1 gets just 15%. But wage levels are not based on absolute salary — they are determined by the prevailing wage for your specific occupation (SOC code) in your specific Metropolitan Statistical Area (MSA). This means the SAME salary can be Level 3 in one city and Level 1 in another. Understanding this system is essential for optimizing your H-1B lottery strategy.
Quick Answer: Wage levels are based on the BLS Occupational Employment and Wage Statistics (OEWS) data for your SOC code and MSA. A software engineer earning $130,000 might be Level 3 in Houston (46% lottery odds) but Level 1 in San Francisco (15% odds). Use the DOL's Foreign Labor Application Gateway (FLAG) prevailing wage tool to look up your exact level. Location strategy can dramatically change your lottery outcome.
| MSA (City) | Level 1 | Level 2 | Level 3 | Level 4 |
|---|---|---|---|---|
| San Jose-Sunnyvale, CA | $128,000 | $155,000 | $183,000 | $210,000 |
| San Francisco, CA | $120,000 | $148,000 | $176,000 | $204,000 |
| Seattle, WA | $112,000 | $138,000 | $164,000 | $190,000 |
| New York, NY | $105,000 | $130,000 | $155,000 | $180,000 |
| Houston, TX | $85,000 | $105,000 | $126,000 | $146,000 |
| Dallas, TX | $88,000 | $108,000 | $128,000 | $149,000 |
| Atlanta, GA | $82,000 | $102,000 | $122,000 | $142,000 |
| Columbus, OH | $75,000 | $95,000 | $115,000 | $135,000 |
*Approximate values for SOC 15-1252 (Software Developers) — actual levels vary by specific SOC code. Check FLAG for exact numbers.
The DOL determines prevailing wages using BLS OEWS survey data. Each wage level corresponds to a percentile of wages for a given SOC code in a given MSA: Level 1 = 17th percentile (entry-level), Level 2 = 34th percentile (qualified), Level 3 = 50th percentile (experienced), Level 4 = 67th percentile (fully competent). Because cost of living and salary distributions vary dramatically by city, the dollar amounts for each level differ significantly.
This creates a powerful strategic insight: a software engineer earning $130,000 in San Jose is at Level 1 (15% lottery odds), but the same engineer earning $130,000 in Houston is at Level 3 (46% lottery odds) — a 3x improvement in selection probability from the same salary. For workers and employers with location flexibility, this math is game-changing.
Important caveats: (1) The LCA worksite must be where the employee actually works — you cannot claim a Houston worksite while working in San Francisco. (2) USCIS FDNS site visits verify actual worksite location. (3) Remote work creates gray areas — the LCA worksite should be where the employee primarily performs work. (4) The SOC code must accurately reflect the position — using a different SOC code to game wage levels is fraud. (5) Salary negotiations should account for wage level impact on lottery odds, especially for positions where employers have geographic flexibility.
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Search H-1B Sponsors on Wisa →Use the DOL's Foreign Labor Application Gateway (FLAG) at flag.dol.gov. Enter your SOC code (e.g., 15-1252 for Software Developers), your MSA (metropolitan area), and your salary. The system will tell you which wage level your salary falls into. You can also use the OEWS data directly from BLS at bls.gov/oes/. Your immigration attorney or employer should be doing this lookup when filing your LCA.
Only if you will genuinely work in that location. The LCA worksite must reflect where you actually perform work. If your employer has multiple offices and you can legitimately work from a lower-cost city, this is a valid strategy. Remote-first companies have the most flexibility here. However, filing a worksite where you do not actually work is fraud and can result in petition denial, revocation, and bars to future immigration benefits.
Absolutely. If a small salary increase pushes you from Level 2 (31% odds) to Level 3 (46% odds), the math strongly favors negotiation. Frame it to your employer: a $5,000-10,000 raise that moves you up one wage level increases selection probability by 15 percentage points. If the employer loses the lottery and needs to re-register next year (plus lose a year of your productivity), the raise is far cheaper than the alternative.
Yes. The wage level used for the lottery selection is based on the information provided during H-1B registration, which should reflect the planned LCA filing. If you are selected at Level 3 but your actual LCA filing comes in at Level 2 (because of different SOC code or worksite), this creates a discrepancy that could cause issues. Ensure consistency between registration and petition filing.