Find DOL wage Level I–IV thresholds by role and location — and see how each level affects your lottery odds.
The Department of Labor (DOL) assigns every H1B position one of four wage levels based on the occupational experience, education, and supervisory responsibilities the job requires. These levels are set using Occupational Employment and Wage Statistics (OEWS) survey data published annually. For FY2025, the DOL updated wage levels in August 2024, with increases averaging 4–6% in high-cost metro areas. Understanding these levels is essential because your wage level affects not only your pay but directly determines your H1B lottery selection odds.
Level I (Entry): Applies to workers with basic understanding of the occupation who perform routine tasks under close supervision. Typically requires no significant prior experience. Roughly the 17th percentile of wages for the occupation. USCIS has increasingly scrutinized Level I petitions — in FY2023, Level I H1B petitions received RFEs at a rate exceeding 38%, compared to just 12% for Level III/IV.
Level II (Qualified): For workers with a good understanding of the occupation who perform moderately complex tasks. No more than one additional credential beyond entry-level requirements. Corresponds to approximately the 34th percentile. This is the most common wage level for H1B petitions — roughly 41% of all LCAs filed in FY2024 used Level II.
Level III (Experienced): Requires workers with sound theoretical and practical knowledge and the ability to exercise judgment. Corresponds to the 50th percentile (median wage). Level III petitions have significantly higher lottery odds — approximately 45% annual selection probability versus 15% for Level I.
Level IV (Fully Competent): Reserved for workers who are fully competent and may supervise others. Corresponds to approximately the 67th percentile of wages. While Level IV positions command the highest salaries, they offer the best H1B lottery prospects at roughly 61% annual selection probability.
Official wage data is published by the DOL's Employment and Training Administration (ETA). For the most accurate and current prevailing wage for your specific occupation and location, consult the DOL Foreign Labor Certification wage determination page. Employers must use the prevailing wage in effect on the LCA filing date — not the H1B petition date.
Prevailing wages vary significantly by metropolitan area. The table below shows Level II (qualified worker) prevailing wages for 10 common H1B job titles across five major tech and financial hubs. These figures are derived from DOL OES survey data for FY2024/2025. Always confirm the exact wage using the official DOL FLC tool before filing an LCA.
| Role | NYC | SF | Seattle | Austin | Chicago |
|---|---|---|---|---|---|
| Software Developer | $155,000 | $170,000 | $158,000 | $130,000 | $126,000 |
| Data Scientist | $148,000 | $162,000 | $150,000 | $122,000 | $118,000 |
| Data Engineer | $150,000 | $165,000 | $152,000 | $124,000 | $120,000 |
| Product Manager | $165,000 | $180,000 | $168,000 | $138,000 | $132,000 |
| DevOps / SRE | $145,000 | $158,000 | $149,000 | $118,000 | $114,000 |
| Financial Analyst | $118,000 | $105,000 | $98,000 | $88,000 | $90,000 |
| Management Analyst | $112,000 | $108,000 | $102,000 | $92,000 | $88,000 |
| Mechanical Engineer | $94,000 | $118,000 | $96,000 | $84,000 | $88,000 |
| Civil Engineer | $102,000 | $110,000 | $96,000 | $82,000 | $85,000 |
| Registered Nurse | $98,000 | $122,000 | $102,000 | $78,000 | $80,000 |
All figures reflect approximate Level II (qualified/journey) prevailing wages. Source: DOL OES FY2024. Figures are for reference; verify at DOL FLC Wage Search.
San Francisco consistently posts the highest prevailing wages across all categories — a software developer's Level II wage in SF ($170,000) is 31% higher than the same role in Chicago ($126,000). This matters for H1B workers because the LCA wage floor is location-specific. If your employer moves you from Chicago to San Francisco, they must file a new LCA reflecting the higher SF wage. Failure to do so violates your labor condition agreement.
For workers in roles where remote work is common, USCIS and DOL require that the prevailing wage be set for the location where the work is actually performed — not the employer's headquarters. A software developer working remotely from Austin, TX for a San Francisco company must be paid at the Austin prevailing wage level for their LCA worksite.
A well-documented practice in the H1B system involves employers deliberately classifying experienced workers at lower wage levels — primarily Level I or Level II — to reduce payroll costs while still satisfying minimum legal wage requirements. A 2020 Economic Policy Institute study found that more than 60% of H1B certifications were for Level I or Level II wages, despite many of those positions requiring substantial experience.
How wage level suppression works: An employer hires a software engineer with 8 years of experience but classifies the LCA role at Level I, claiming it is an "entry-level" position in their internal job architecture. This can lower the required prevailing wage by $30,000–$70,000 per year depending on the location. USCIS scrutinizes such petitions but does not automatically reject them — the employer must simply certify the wage level in the LCA.
Warning signs your employer may be underpaying you:
USCIS regulations under 8 CFR 214.2(h) require that the offered wage equal or exceed the prevailing wage. Separately, the INA Section 212(n)(1) requires the employer to pay the "required wage" — which is the higher of the prevailing wage or the actual wage paid to similarly employed workers. If your employer pays similarly experienced US workers more, they must pay you at least that amount, regardless of the prevailing wage floor.
For further reading on your rights, the USCIS H-1B specialty occupation page outlines employer obligations including wage requirements, public access file maintenance, and prohibited fee shifting.
If you believe your employer is paying you below the prevailing wage required by your LCA, or has violated any other condition of your H1B — including benching without pay, shifting filing fees to you, or making unlawful deductions — you can file a complaint with the DOL Wage and Hour Division (WHD). Workers who file complaints are protected from employer retaliation under the Immigration and Nationality Act.
Gather your documentation
Collect your I-797 approval notice, LCA (Form ETA-9035), pay stubs, offer letter, and any correspondence about your wages or duties. The LCA is a public document — your employer is required to provide it within one business day of a written request.
Locate the LCA Public Access File
Your employer must maintain a Public Access File for your H1B. It must include the LCA, a document explaining the prevailing wage determination, and documentation of how actual wages compare to the prevailing wage. You are entitled to inspect it.
File a complaint with DOL WHD
Contact the Wage and Hour Division online, by phone (1-866-4-US-WAGE), or in person at your nearest WHD district office. You can also submit complaints anonymously. Investigators are authorized to order back wages plus interest, and civil money penalties of up to $10,000 per violation.
File a debarment complaint (if applicable)
For egregious violations, DOL can debar an employer from future H1B, H-2A, and H-2B sponsorship for up to 3 years. This is particularly relevant for IT staffing firms with systematic underpayment practices.
Consult an immigration attorney
Filing a wage complaint does not automatically affect your H1B status, but employer retaliation (termination) starts your 60-day grace period. Have an attorney ready to assist with a portability transfer to a new employer if needed.
The DOL Wage and Hour Division investigates LCA violations under the Wage and Hour Division enforcement program. Between 2019 and 2023, DOL WHD recovered over $28 million in back wages for H1B and other guest worker complaints. The statute of limitations for H1B wage violations is generally 2 years (3 years for willful violations).
One of the most under-used rights of H1B workers is the ability to request and inspect your employer's Public Access File (PAF) for your LCA. Federal regulations at 20 CFR 655.760 require every H1B employer to create and maintain a PAF within one business day of LCA certification and to make it available for public inspection.
What the LCA Public Access File must contain:
Any member of the public — including the H1B worker themselves — can submit a written request to inspect the PAF. The employer must make it available at the worksite or principal place of business within one business day. Failure to maintain or provide the PAF is itself an LCA violation subject to DOL investigation.
To check whether your employer's LCA has been certified and to see the wage listed publicly, you can search the DOL's Foreign Labor Certification Data Center disclosure data at DOL ETA Foreign Labor Performance Data. This database contains all certified, denied, and withdrawn LCAs and is searchable by employer, SOC code, worksite state, and wage level.
For H1B workers at large tech companies, LCA disclosure data frequently reveals that Level II wages are offered for roles where internal job bands correspond to much higher pay. Cross-referencing the publicly available LCA wage with the actual wage listed on your offer letter is a good first step in verifying wage compliance.
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Balaji Ingole
SMIEEE · FBCS · FIETE | 16+ years data engineering | 30+ peer-reviewed papers
Balaji built H1BVisaJobs.com on 10 GB+ of DOL LCA disclosure data (FY2022–FY2025). All immigration data and analysis on this site comes from primary government sources. Read full bio →