The prevailing wage is the U.S. Department of Labor (DOL)'s benchmark for what workers are typically paid for a particular occupation in a particular geographic area, based on the position's required job duties and skill/experience level. It ensures the H-1B salary is consistent with the local labor market and does not undercut U.S. workers.
The prevailing wage is typically determined using a DOL wage source based on wage data collected on a regular basis. Alternatively, another permissible wage survey may be used. Regardless of the wage data source, the prevailing wage determination must be based on the offered position's job duties, minimum requirements (education/experience/special skills), and worksite location. For compliance, the H-1B salary must be at least the higher of the prevailing wage or the actual wage paid to similarly employed employees in the hiring unit.
The prevailing wage is based on the position requirements, and it is not based on the selected H-1B employee's individual educational background, professional experience, or other credentials. The hiring unit must provide accurate, complete position information to support the prevailing wage determination.
Reference: 20 C.F.R. § 655.731(a)(2)
Download the Prevailing Wage Form.
