Salary for H-1B Visa: A Money Guide for Applicants and Employers

Salary for H-1B Visa

If you’re searching for the salary for H-1B visa, is that no single dollar amount applies to every H-1B job. The wage an employer must pay depends on the occupation, the job’s duties, the work location, and what the employer pays similar workers. Federal rules set a wage floor for each position, not for the whole program.

That distinction matters for both sides. Applicants need to know whether an offer is lawful and fair. Employers need to know what they’re attesting to when they file. And in 2026 the topic is moving: wage-level rules are under active revision, and wages now also affect who gets selected in the H-1B cap process. This guide covers what is settled, what is only proposed, and where to check.

What Is the Salary for H-1B Visa in 2026?

H-1B pay is set job by job. The legal requirement is the “required wage,” which is different from average salaries you see online.

Two ideas often get mixed up. An average or median salary describes what people in an occupation earn in general. A required wage is the legal minimum an employer must pay a particular H-1B worker in a particular job and place.

Average figures are still a useful reality check. The Bureau of Labor Statistics (BLS) reports that software developers earned a median of $135,980 in May 2025. That tells you the market, but it doesn’t tell you the legal floor. A developer in a smaller city, or one with limited experience, could have a lower required wage than that median. Likewise, a market-rate offer can still fall short if the actual wage the employer pays its own staff is higher.

Is There a Minimum Salary Requirement for an H-1B Visa?

There is no one nationwide minimum, but there is a minimum for each position.

Under the Labor Condition Application (LCA) process, employers must pay the higher of the prevailing wage for the area of intended employment or the actual wage paid to similarly qualified U.S. workers

  • Prevailing wage: The typical wage for the occupation in the geographic area where the job is located, as measured by the Department of Labor (DOL).
  • Actual wage: What the employer already pays workers with similar experience, qualifications, and duties.
  • Required wage: Whichever of the two is higher.

So the H-1B minimum wage for 2026 is not a headline number. It’s a result you reach by matching a specific job to DOL wage data and then comparing it with the employer’s internal pay.

Understanding H-1B Prevailing Wage and Wage Levels

DOL sorts each occupation and area into four wage levels, based on the experience, education, and responsibility the job requires.

The DOL’s wage data comes from the BLS Occupational Employment and Wage Statistics (OEWS) survey. Each year, wages are listed on DOL’s FLAG website by occupation, area, and skill level, and they are updated for LCAs submitted as of each July 1.

Employers can get a prevailing wage in three ways: by requesting one from DOL’s National Prevailing Wage Center, using an independent authoritative survey, or using another legitimate source. Using the DOL’s figure also brings “safe-harbor” protection, provided the occupation, area, and skill level were classified correctly.

Under the current system, the four levels sit at roughly the 17th, 34th, 50th, and 67th percentiles of the local wage distribution for that occupation. A percentile is simply a ranking. At the 34th percentile, 34% of workers earn less and 66% earn more. 

Wage Level I

This is the entry point. It generally fits jobs that need only basic understanding of the occupation, routine tasks, and close supervision. It’s often used for recent graduates or people new to the field.

Wage Level II

This level fits qualified employees with some experience who perform moderately complex tasks and exercise limited judgment.

Wage Level III

This level fits experienced professionals who work with a fair amount of independence and may oversee or guide others.

Wage Level IV

This level fits fully competent, senior-level roles with advanced skills, broad responsibility, and significant independent judgment.

A common mistake is assuming the level follows the job title. It doesn’t. DOL’s approach looks at the job’s requirements, such as the education and experience needed, special skills, and supervisory duties, compared with what is normal for the occupation. A “Senior Analyst” title doesn’t automatically mean Level III, and a plain title can still hide a demanding Level IV job.

What’s changing: current vs. proposed levels

On March 27, 2026, DOL published a proposed rule in the Federal Register to raise these percentiles. Under the proposal, Level I would be set at the 34th percentile and Level IV at the 88th, with Levels II and III calculated by the formula Congress prescribed. The table below combines the current levels with the proposed ones.

Wage levelCurrent percentileProposed percentile
Level I17th34th
Level II34th52nd
Level III50th70th
Level IV67th88th

The key point is that this is a proposal. The comment period closed on May 26, 2026, and until DOL reviews comments and issues a final rule, employers must continue using the current framework. We did not find a final rule as of this writing, so confirm the status before relying on either set of numbers. If a final rule takes effect, the proposal says it would apply to new filings and pending requests, not retroactively to approved cases. 

Wage levels also now carry weight beyond compliance. Under DHS’s weighted selection rule, effective February 27, 2026, registrations at Level IV are entered four times, Level III three times, Level II twice, and Level I once. For cap-subject employers, the wage level offered affects selection odds as well as the legal floor.

H-1B Salary by Occupation

Pay varies by occupation, but also by experience, industry, employer, and location within the same occupation.

When people search for H-1B salary by occupation, they usually want a number for a role like software developer, data analyst, engineer, accountant, healthcare professional, or business analyst. Here is what to keep in mind:

  • Duties drive the classification. DOL assigns each job a Standard Occupational Classification (SOC) code based on what the person actually does, not what the title says.
  • Experience moves the level. Two engineers in the same city can fall on different wage levels.
  • Industry and employer size matter. A large technology company, a hospital, and a startup may pay very differently for similar work.
  • Averages are not requirements. Websites that publish an “H-1B visa average salary” are describing what people earn, not what the law requires.

The one occupation figure we verified from a primary source is the software developer median of $135,980 cited above. For other roles, we recommend looking up current figures directly in the BLS data rather than relying on third-party salary sites, which often use different methods and dates.

H-1B Salary by State

The same job can carry a very different required wage depending on where the worker will actually work.

Prevailing wages are tied to the geographic area of the worksite, usually a metropolitan area or, outside metros, a nonmetropolitan area. Local labor markets differ in demand, competition, and cost of living, so a role in San Jose won’t carry the same wage as the same role in a smaller Midwestern market.

For H-1B salary by state, here is an illustration using BLS OEWS state medians for software developers (May 2025):

LocationMedian annual wage, software developers
United States (national)$135,980
California$174,410
Texas$132,150
Wyoming$115,170

Treat these as snapshots of the market, not as legal minimums. The required wage for a real petition comes from the specific metro area and wage level in DOL’s FLAG database. State medians also hide big differences inside a state, because a city and a rural county can sit far apart.

How Is the Required H-1B Salary Determined?

It starts with the job itself, then moves to the location, the wage level, and the employer’s own pay practices.

In practice, the steps look like this:

  1. Define the job duties. What will the worker actually do day to day?
  2. Choose the occupational classification. Match the duties to the correct SOC code.
  3. Identify the worksite. Use the exact address or area where the work will be performed.
  4. Assess experience and education requirements. Compare them with what the occupation normally requires to determine the wage level.
  5. Look up the prevailing wage. Use FLAG, a prevailing wage determination, or an acceptable survey.
  6. Compare with the actual wage. Check what the employer pays similarly employed workers.
  7. Pay the higher figure.

A mistake at step 1 or 2 can ripple through the whole analysis. If the job is misclassified, the wage data pulled for it will be wrong.

H-1B Salary Requirements for Employers

Employers must attest on the LCA that they will pay the required wage and keep supporting documentation available.

The employer’s main responsibilities include:

  • Paying the required wage for the full period of employment, including during nonproductive time in many circumstances.
  • Offering benefits on the same basis as comparable U.S. workers.
  • Keeping documentation, such as the wage basis, the actual wage analysis, and a public access file.
  • Watching for worksite changes. A move to a new location outside the original area, or a significant change in duties, can require a new LCA and an amended petition.
  • Handling deductions carefully. Unauthorized deductions can reduce the wage below the required level.

DOL can investigate wage compliance, and violations can lead to back wages, civil penalties, and other consequences. Because the rules sit across several regulations, employers should review the LCA regulations (20 CFR Part 655, Subpart H) and consider legal guidance when facts change.

What H-1B Applicants Should Check Before Accepting a Job

Look beyond the headline number and confirm that the offer matches what the employer is telling the government.

Before you accept, review:

  • Base salary. Is it stated clearly as an annual or hourly figure?
  • Bonuses and equity. Are they guaranteed or discretionary? Generally, only guaranteed pay can count toward the required wage.
  • Benefits. Health insurance, retirement plans, and leave.
  • Deductions. What will come out of your paycheck, and why?
  • Work location. Does the address match the LCA, and could you be asked to work somewhere else?
  • Job duties and title. Do they match what you will actually do?
  • Compensation terms. Review the offer letter, and ask to see the LCA once filed.

Applicants are entitled to a copy of the certified LCA, and checking it against the offer is one of the simplest ways to spot problems early.

Common H-1B Salary Mistakes Employers and Applicants Should Avoid

  • Treating an average salary as the legal wage. A market average and a prevailing wage are different things.
  • Using outdated wage data. FLAG data refreshes every July 1, so figures from earlier years can be stale.
  • Assuming a universal minimum. There isn’t one dollar amount for all H-1B workers.
  • Misclassifying the job. The wrong SOC code or level can produce the wrong wage.
  • Ignoring worksite changes. A new location can change the wage and the filing obligations.
  • Confusing different costs with salary. The $100,000 proclamation fee is a filing payment, not a wage. It has been the subject of litigation: a federal court struck it down in June 2026 and an appeals court left that ruling in place in July, though the government’s appeal continues, so its status can change quickly.
  • Treating a proposal as law. The proposed 2026 wage levels do not apply unless and until a final rule takes effect.

When Should You Consult an Immigration Attorney?

You don’t need a lawyer to read a wage chart, but guidance can help when the details get complicated. Consider speaking with an immigration attorney if you’re:

  • Preparing or reviewing an H-1B petition or cap registration, especially now that wage level affects selection.
  • Unsure how a job should be classified or which wage level applies.
  • Changing jobs, or asked to work at a new location.
  • An employer concerned about wage compliance or documentation.
  • Trying to understand how the pending wage proposals could affect upcoming filings.

Orange Law, led by Attorney Karan Joshi, works on U.S. immigration matters and can review your situation and explain the options. As with any legal question, the right answer depends on your specific facts.

Frequently Asked Questions About H-1B Visa Salary

What is the minimum salary for an H-1B visa in 2026?

There is no single nationwide minimum. The minimum for a given position is the required wage: the higher of the prevailing wage for that occupation and area or the employer’s actual wage for similar workers.

Is there a fixed minimum salary for all H-1B workers?

No. The wage floor depends on the job, location, and wage level, so it can differ greatly between positions.

How is the H-1B prevailing wage calculated?

DOL uses BLS OEWS data for the occupation and area, then assigns one of four levels based on the job’s experience, education, and responsibility requirements. Employers may also use certain surveys or a DOL determination.

What are the four H-1B prevailing wage levels?

Level I (entry), Level II (qualified), Level III (experienced), and Level IV (fully competent). Under the current system they sit near the 17th, 34th, 50th, and 67th percentiles.

Does H-1B salary depend on the state?

Yes. Prevailing wages are tied to the metropolitan or nonmetropolitan area where the work is performed, so state and city both matter.

Can an H-1B worker earn less than the average salary for their occupation?

Possibly, if the required wage for that job, level, and area is below the average and the employer’s actual wage for similar workers is not higher. The legal test is the required wage, not the average.

What happens if an employer does not pay the required H-1B wage?

DOL can investigate and order back wages, and may impose civil penalties or other sanctions. Serious or willful violations can carry heavier consequences.

Conclusion

The salary for H-1B visa isn’t one number. It’s the required wage for a specific job: the higher of the local prevailing wage and the employer’s actual wage, shaped by duties, location, and experience. Averages are helpful context, but they aren’t the legal test. And in 2026, rules are shifting, with higher wage levels proposed and wage level now influencing cap selection.

Understanding H-1B salary requirements can be challenging, especially when prevailing wage rules, job duties, and work locations intersect. If you have questions about your situation, Orange Law can help you explore the immigration-law considerations involved. Contact the firm to discuss your concerns with its legal team.

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