Understanding the Impact of Proposed Changes to H-1B Visa Wages

The Basic Idea

The U.S. government sets minimum salary levels that employers must pay H-1B workers. These are called prevailing wages. They exist to ensure that foreign workers aren't underpaid compared to American workers doing the same job.

The proposed changes will push the minimum prevailing wages and could impact both petitioners and applicants.

What the New Numbers Look Like

Think of the four levels like steps on a career ladder:

Level

Who It's For

Example Role

Old Minimum

New Minimum

These are illustrative examples for software roles in mid-tier U.S. cities. Your actual numbers will vary by job type and location.

What This Means For You as an Applicant

Good news first: If your employer sponsors you, they are legally required to pay you at least the prevailing wage for your level. These new rules mean you'd be entitled to higher pay than before. That's a meaningful protection.

The harder part: Some employers, especially smaller companies and startups, may decide the cost of sponsoring is too high and pull back on H-1B hiring altogether. Fewer sponsorship opportunities could mean more competition for the ones that remain.

Your offer letter matters more than ever. Make sure the salary your employer is offering genuinely matches your experience level. If you have three years of experience but your employer classifies you as Level I to save money, that's a compliance red flag and it puts your petition at risk.

A Real-World Example

Imagine you're a software engineer with two years of experience applying for an H-1B at a mid-sized tech company in Austin, Texas.

Under today's rules, your employer might offer you $95,000 and classify you at Level II. Under the new rules, that same Level II classification requires at least $112,000. Your employer either pays the higher amount or risks having your petition denied. That's an extra $17,000 a year in your pocket, just from this rule change.

Other Changes Happening at the Same Time

The H-1B program is undergoing its biggest overhaul in years. Here's the full picture:

• The lottery has changed. The annual H-1B lottery now favors higher-paid, more senior applicants. If you're applying at a lower level, your odds in the lottery are lower than they used to be.

• There's a new $100,000 fee for employers hiring H-1B workers from outside the U.S. This doesn't come out of your salary, but it does make some employers think twice about sponsoring international candidates.

• Scrutiny on petitions is higher. USCIS is looking more carefully at whether job duties and wage levels genuinely match. Make sure your job description accurately reflects what you'll actually be doing.

  
  

Practical Tips If You're Applying

• Know your level before you negotiate. Research the prevailing wage for your job title and city at the DOL's wage search tool before accepting an offer.

• Don't accept a lower level classification just to get sponsored. It can backfire during the petition review and create problems later.

• Ask your employer directly whether they are aware of the proposed wage changes and how they plan to handle them.

• Work with a qualified immigration attorney if you can, especially for petition filings, renewals, or if your employer is a smaller company with less H-1B experience.

• Track the rule's progress. It's still a proposal. Sign up for updates so you know when it's finalized and when it takes effect.

  
  

Quick FAQ for Applicants

Will this affect my current H-1B if I'm already approved?

Not right away. The new rules apply to new petitions and renewals, not existing approved cases. But when your renewal comes up, the new thresholds will apply.

What if my employer offers less than the new minimum?

They legally cannot get DOL approval with a below-minimum offer. If your offer is below the prevailing wage for your level and location, something is wrong—talk to an attorney.

Does this apply to all jobs, not just tech?

Yes. The wage levels apply across all H-1B eligible occupations: engineering, finance, healthcare, architecture, and more. The specific dollar amounts vary by job type and city.

I'm on OPT right now. Does this affect me?

Not directly. OPT isn't subject to H-1B prevailing wage rules. But if you plan to transition to H-1B, keep these changes in mind as you evaluate job offers and sponsoring employers.

When will this take effect?

The rule is still being finalized. There will be an implementation period after it's published. Stay informed so you're not caught off guard.

Have questions about your specific situation or visa status? Reach out; navigating these changes is exactly what we're here for.