Does $130K Salary Rule Apply to Current H1B Holders?

As of now, there is no universally applied rule requiring all H-1B visa holders to receive a minimum salary of $130,000. However, here’s an overview of how salary rules for H-1B visa holders typically work:

Key Points About Salary Requirements for H-1B Visa Holders:

1. Prevailing Wage Requirements:

o H-1B employers must pay the higher of:

 The actual wage paid to other employees with similar roles in the company.

 The ""prevailing wage"" determined for that occupation and location.

2. Proposals for Higher Salaries:

o In recent years, there have been proposals in the U.S. Congress (e.g., the High-Skilled Integrity and Fairness Act) to increase the minimum salary for H-1B visa holders to $130,000.

o These proposals, if enacted, might not retroactively apply to existing visa holders unless explicitly stated in the legislation.

3. Existing H-1B Visa Holders:

o Changes to wage requirements typically affect new applications or extensions of H-1B status.

o Existing H-1B visa holders are subject to the wage requirements agreed upon in their approved petition unless their employer files a new petition or there is a material change in their employment conditions.

Current Status:

• As of now, the $130,000 minimum salary requirement is not law.

• Any updates or legislative changes will need to be signed into law and explicitly mention how they apply to current visa holders.

For the latest updates, consult an immigration attorney or check announcements from the U.S. Citizenship and Immigration Services (USCIS).