H-1B Prevailing Wage Levels I–IV Explained (2026)
The DOL assigns every H-1B LCA a prevailing wage level from I to IV. The level affects the required minimum wage — and filing at the wrong level is a common source of RFEs.
What the Four Wage Levels Mean
DOL's OES/OWS data has four wage levels for each SOC code and geographic area: Level I (entry level) — bottom 17th percentile, typically entry-level workers with limited experience; Level II (qualified) — middle of the lower half, experienced workers performing routine duties; Level III (experienced) — above median, workers performing complex duties; Level IV (fully competent) — top of the range, workers exercising independent judgment across all duties. The majority of H-1B petitions file at Level II or III.
How DOL Determines Your Level
The employer (with attorney guidance) selects the appropriate wage level based on: (1) experience required for the position, (2) complexity of duties, (3) level of judgment exercised, (4) degree of supervision received. Level I is for positions requiring general supervision and routine tasks. Level IV requires independent judgment and advanced expertise. Matching the LCA level to the actual job duties described in the I-129 petition is critical — inconsistency triggers RFEs.
Level I vs Level IV: Risk and Strategy
Filing at Level I minimizes the required wage but creates RFE risk if the actual job duties appear more complex. USCIS has issued RFEs questioning Level I petitions that describe advanced software engineering or research roles — arguing the position actually requires Level III-IV expertise. Conversely, filing at Level IV requires paying a higher wage but signals confidence in the specialty occupation. For experienced workers, Level III or IV is generally lower risk than Level I.
Wage Level vs Actual Wage Paid
The LCA prevailing wage sets the minimum — employers must pay at least the higher of: (1) the DOL prevailing wage for the occupational category and location, or (2) the employer's actual wage for similar positions. Employers can always pay more than the LCA wage. Many employers pay significantly above prevailing wage — the LCA wage is a floor, not a ceiling. The actual wage paid must equal or exceed the LCA wage for the duration of H-1B status.
Frequently Asked Questions
What is Level I H-1B wage?
Level I wage is the DOL prevailing wage for workers performing entry-level duties, typically in the bottom 17th percentile for the occupation and location. For example, the Level I wage for Software Developers (SOC 15-1252) in San Jose, CA is approximately $120,000. Level I is appropriate for positions requiring general supervision and primarily routine tasks.
What happens if I file at Level I but the job is Level III?
If the LCA is filed at Level I but the I-129 describes a complex role requiring independent judgment (Level III characteristics), USCIS may issue an RFE questioning the LCA wage level or the specialty occupation determination. The risk: USCIS may determine the position actually requires Level III work and that Level I is inconsistent with the described duties. This is a significant source of H-1B RFEs for consulting and staffing firms.
Do all H-1B employers pay the same wage for the same SOC code?
No. Prevailing wages are location-specific (MSA-based), and different employers may file at different wage levels for the same SOC code based on actual job duties. A Level I Software Developer at a startup in Austin requires a different minimum wage than a Level IV Principal Engineer at Google in San Francisco.
Can I change the LCA wage level after filing?
No — the LCA is certified at the stated wage level by DOL. If you need to change the wage level (e.g., to reflect a promotion), you file a new LCA at the new level and an amended I-129 petition. Simply paying a higher wage without updating the LCA is permissible (you can always pay more), but formally changing the level requires a new LCA.