Can I earn less than the prevailing wage?

Under H-1B, the direct answer is no: the employer must offer at least the prevailing wage established for that role and region. This benchmark exists to prevent foreign workers from being hired at compensation below what is considered fair in the local market.

The prevailing wage is the reference value the process uses to determine whether the offer is appropriate. It protects both the professional, against below-market pay, and the labor market, by maintaining a level playing field. For this reason, agreeing to earn less than that threshold does not align with the program’s rules.

Attempting to work around this requirement can create serious legal consequences for the company and jeopardize the visa petition itself, harming both employer and worker. Before accepting an offer, it is worth reviewing the terms with a specialist and checking official guidance, being cautious about any offer that falls outside the standard.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.