Salary Requirements for H1B Visa Sponsorship

Yes, there is a minimum salary requirement for employers filing an H-1B visa for a foreign worker. This salary must meet the ""prevailing wage"" or the ""actual wage"", whichever is higher. Here’s what it means:

1. Prevailing Wage

The prevailing wage is determined by the U.S. Department of Labor (DOL) and represents the average wage paid to similarly employed workers in the geographic area of the job. Factors that influence the prevailing wage include:

• Job title and description.

• Required education and experience.

• Location of the job (e.g., wages are higher in major cities like New York or San Francisco).

Employers must request a prevailing wage determination (PWD) or use the DOL's online Foreign Labor Certification Data Center to determine this rate.

2. Actual Wage

The actual wage refers to the wage the employer pays to other employees in similar roles within their organization.

Employer Obligation

The employer must pay the higher of:

• The prevailing wage (as determined by the DOL).

• The actual wage (within their company for similar roles).

This ensures that hiring H-1B workers does not undercut the wages of U.S. workers in similar positions.

Specific Salary Amounts

There is no single minimum salary that applies across all cases because it varies by:

• Job type and industry.

• Geographic location.

• Level of experience or seniority (entry-level jobs have lower prevailing wages than senior positions).

For example:

• A software engineer in New York might have a prevailing wage of $90,000.

• A graphic designer in a rural area might have a prevailing wage of $50,000.

Compliance

Employers must file a Labor Condition Application (LCA) with the DOL, attesting to the wages and working conditions offered. Any violation, such as underpaying the H-1B worker, can lead to penalties, including debarment from the H-1B program.

If you're considering an H-1B visa, it’s essential to check the prevailing wage for your specific job and location on the DOL's resources or consult an immigration attorney.