Prevailing Wage

The prevailing wage rate is defined as the average wage paid to similarly employed workers in the requested occupation in the area of intended employment.

This wage rate is usually obtained by contacting the State Workforce Agency (SWA) having jurisdiction over the geographic are of intended employment or from other legitimate sources of information, such as the Online Wage Library: http://www.flcdatacenter.com/OesWizardStart.aspx

When searching the Online Wage Library:,  keep in mind that in order for a position to be considered an H-1B Specialty occupation, the Job Zone must be 4 or higher.

The prevailing wage is based on the employer’s minimum requirements for the position.

Here is a guide on what prevailing wage to expect based on the employer’s minimum requirements:

Bachelor Degree and 0-1 years of experience required should result in a Level 1 prevailing wage.

Bachelor Degree and 2 years of experience should result in a Level 2 prevailing wage.

Master Degree and no experience required should result in a Level 2 prevailing wage.

Bachelor Degree and 3 years of experience should result in a Level 3 prevailing wage.

Bachelor Degree and 4+ years of experience should result in a Level 4 prevailing wage.

The Immigration and Nationality Act (INA) requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of U.S. workers working in the occupation in the area of intended employment.

To comply with the statute, the Department’s regulations require the wages offered to a foreign worker must be the prevailing wage rate for the occupational classification in the area of employment.

The requirement to pay prevailing wages, as a minimum, is true of most employment based visa programs involving the Department of Labor.

In addition, the H-1B, H-1B1, and E-3 programs require the employer to pay the prevailing wage or the actual wage paid by the employer to workers with similar skills and qualifications, whichever is higher.

The Standard Occupational Classification (SOC) is used by the OES program to classify occupational wage information.

The SOC provides a common language for categorizing occupations and serves as the framework for information gathered through the Department of Labor’s Occupational Information Network (O*NET): http://online.onetcenter.org/

The O*NET provides information on skills, abilities, knowledge, tasks, and work activities associated with SOC occupations.

Private Salary Surveys for H-1B Visa Processing:

To qualify as a valid wage survey, it must meet the following guidelines:

1. Have been published within the last 24 months and be the most recent edition of the survey,

2. Must reflect the area of intended employment,

3. The data must represent workers who are similarly employed (as defined by a similar job title),

4. The data must have been collected across industries that employ workers in the occupation,

5. The prevailing wage determination should be based on the arithmetic mean of wages for similarly employed workers, and

6. The employer must include the methodology used to show that it is reasonable and consistent with recognized statistical standards and principles in producing a prevailing wage.

Pursuant to the Employment and Training Administration Prevailing Wage Determination Policy Guidance, Nonagricultural Immigration Programs, Revised May 9, 2005, page 16 and Appendix F and Department regulations at 20 Code of Federal Regulations 655.731(b)(3)(iii)(B)(1)-(2) and (C)(1)-(2) the prevailing wage rate should be based on the arithmetic mean of wages for workers that are similarly employed in the area of intended employment; however, if the survey provides a median wage of workers similarly employed in the area of intended employment and does not provide an arithmetic mean, the median wage should be used as the prevailing wage.

Related Links:
H1B Visa Cap / Quota for FY 2018
H-1B Visa Overview
H-1B Visa Renewal / Extension
H-1B Visa Transfer
Amended H-1B Visa
New H-1B Visa, Cap Exempt
H-1B Visa for Entrepreneurs
H-1B Visa for Teachers
H-1B Visa Attorney Fee
H-1B Visa Complete Do it Yourself Kit

Client Reviews

I've had the pleasure of conducting business with this law firm for the last 10 years. They have been nothing but the best for every aspect of immigration need I had. From F1 all the way to citizenship. They're probably the most affordable, knowledgeable, and most efficient immigration law firm out there. Plus, they always provide responses to questions in a very timely manner. Trust me, other immigration law firms will cost you an arm and a leg for the same or less of a service compared to this law firm. Give them a call, check out their website. You will not regret it.
Andy Glasgow
Andy Glasgow
17:26 27 Mar 17
Because of John and his team my wife and I were able to travel back to the states, get married and have a Green Card without any headaches. John’s efforts were amazing and it shows because my wife and I didn’t have to go to the Green card interview. We had a strong enough case to receive the Green card in the mail. If you’re seeking a Lawyer that will be impartial, he’s your guy.
T M
T M
19:18 23 Feb 17
Me & husband went through immigration process which thankfully was made easy with the help and services of Marc Tyler Inc. Our direct contact was John which i want to personally say Thank You ! The service provided was efficient, fast, affordable prompt answers in a timely fashion. I would recommend Marc Tyler Inc to anyone who need immigration done fast, easy, friendly & with no hidden charges.
Aleksandra Stoycheva
Aleksandra Stoycheva
15:27 26 Jan 17
I could not have asked for better service. I will definitely be coming back to get the green card process done. The fees are extremely reasonable and they stick with their clients the entire way. I had so many questions during this process, and each one of them were answered very quickly and with out most professionalism. This firm is a pleasure to work with and I highly recommend them to anyone.
bryan mowrey
bryan mowrey
06:41 25 Nov 16
Marc and John Dorer worked on our case to file for AOS after our L1A was approved.Marc and John are professionals and extremely reasonable-priced. The reason they are able to cut the price is because they don't spend time consulting you or guiding you and will never get on call.All communications are email only, so if you know precisely what you want they will do all the paper-work, follow the trail and get the job done. If you are confused and need advice and consulting, they may not be the right lawyers.But since we were doing our AOS, it worked out perfectly well and they did their job extremely professionally.Would recommend them every time to get the work done.
hardik parikh
hardik parikh
01:58 08 Feb 17
At first I thought I could have very well gone through the green card application process on my own and saved all lawyer fees. Its funny how some lawyers can charge in excess of 2K for this. However at Taylor and Associates the price seemed more reasonable and felt it made sense to go with one at that price. There were some doubts that arose in our mind which they cleared in a timely manner and seemed very knowledgeable in this area. Its for moments like these when having a professional around helps. While we can get busy with our lives and with laws constantly changing, I would definitely recommend them - a small price to pay for peace of mind.
Callistus Pereira
Callistus Pereira
17:51 06 Jun 17
I am US citizen. We hired Marc's firm for my wife's Green Card process, We are extremely happy with their services.They are one of the best service providers in the country. Price is very affordable. John is awesome. He responded to our queries on time with very useful information. We highly recommend this firm to anybody looking for affordable and the best immigration services. it was an awesome experience working with this team.
Narsimha M
Narsimha M
13:57 04 Aug 17

Read More Client Reviews