What the H1B salary must be
Under the labor condition application, the employer must pay the H-1B worker at least the greater of the actual wage it pays similarly qualified workers in the job and the prevailing wage for the occupation in the area of employment.[2][5] The prevailing wage normally comes from the Department of Labor’s OEWS-based wage data, published each July.[1]
The four prevailing wage levels
DOL’s wage data gives four levels for each occupation and area. Under DOL guidance in use since 2005 and 2009, they sit at about the 17th, 34th, 50th and 67th percentiles of the local wage distribution.[6]
| Level | DOL description | ≈ Percentile | Lottery entries (FY2027+) |
|---|---|---|---|
| Level I | Entry | 17th | 1 |
| Level II | Qualified | 34th | 2 |
| Level III | Experienced | 50th | 3 |
| Level IV | Fully competent | 67th | 4 |
The level now matters for the H1B lottery too, because higher levels get more entries.[7] DOL proposed in March 2026 to raise the levels to about the 34th, 52nd, 70th and 88th percentiles; as of November 13, 2026 no final rule had been published.[6]
Software developer H1B salary by metro, 2026–27
These are DOL prevailing wages for Software Developers (SOC 15-1252), All Industries, for the wage year July 1, 2026 to June 30, 2027. DOL publishes hourly rates; annual figures are hourly × 2,080 hours.[1]
| Metro area | Level I | Level II | Level III | Level IV |
|---|---|---|---|---|
| San Jose-Sunnyvale-Santa Clara, CA | $73.46$152,797 | $89.94$187,075 | $106.43$221,374 | $122.91$255,653 |
| Seattle-Tacoma-Bellevue, WA | $53.66$111,613 | $68.80$143,104 | $83.94$174,595 | $99.08$206,086 |
| New York-Newark-Jersey City, NY-NJ | $52.81$109,845 | $66.21$137,717 | $79.61$165,589 | $93.01$193,461 |
| Dallas-Fort Worth-Arlington, TX | $45.77$95,202 | $56.20$116,896 | $66.63$138,590 | $77.06$160,285 |
| Austin-Round Rock-San Marcos, TX | $46.10$95,888 | $57.52$119,642 | $68.94$143,395 | $80.36$167,149 |
Other occupations and areas are in DOL’s FLAG wage search. A higher actual wage at the employer overrides these figures.
The $60,000 rule and H-1B-dependent employers
The $60,000 figure is not a minimum H1B salary. It defines an “exempt” H-1B worker: one paid at least $60,000 a year (cash bonuses count, benefits do not) or holding a master’s or higher degree related to the job.[3] The test matters only for H-1B-dependent employers, those with 25 or fewer employees and more than 7 H-1B workers, 26–50 employees and more than 12, or 51+ employees with H-1B workers making up at least 15%. For exempt workers they skip the extra recruitment and non-displacement attestations.[4][3]
For the full process see the H1 B visa guide and the H1B fee calculator.
Frequently asked questions
What is the minimum H1B salary?
There is no fixed national minimum. The employer must pay at least the higher of its actual wage for similar workers and the DOL prevailing wage for the occupation and area, which is often well above $60,000.
Does a higher H1B salary help in the lottery?
Yes. From FY2027, a wage at Level II, III or IV adds one, two or three extra entries to the selection pool compared with Level I.
When do prevailing wages change?
DOL publishes new OEWS-based wage data each July 1. The current wage year runs from July 1, 2026 to June 30, 2027.
Sources
- OFLC Wage Data Downloads, wage year July 2026 – June 2027 (OFLC_Wages_2026-27.zip)
- 20 CFR 655.731: What is the first LCA requirement, regarding wages?
- 20 CFR 655.737: Exempt H-1B nonimmigrants ($60,000 wage or master’s degree)
- 20 CFR 655.736: H-1B-dependent employers
- H-1B Specialty Occupations
- Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States, proposed rule, 91 FR 15454
- Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions, final rule, 90 FR 60864