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Who defines the prevailing wage in H-1B?

In H-1B cases, the prevailing wage is set by the U.S. Department of Labor (DOL), which establishes the reference salary by occupation and region. Learn how this figure is determined.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 13, 2026
1 min read
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In the H-1B program, the prevailing wage is determined by the U.S. Department of Labor (DOL). This agency establishes the reference salary for a given occupation in each region, which serves as the baseline for hiring foreign professionals.

The goal is straightforward: to ensure that H-1B employers pay a wage consistent with what is practiced in the local market for similar roles. This prevents positions from being filled at below-standard compensation, protecting both the foreign worker and the American workforce.

To arrive at this reference figure, the DOL draws on market data and regional information, taking into account factors such as the occupation, the skill level required, and the job location. It is an official benchmark, not a number the employer chooses freely.

Because the criteria and values are updated by the relevant authorities, the safest course of action is to consult official sources (DOL and USCIS) or a qualified specialist before making decisions based on this reference salary.

Learn more about H-1B

Initial validity
3 years
Extension
Up to 6 years total
Annual cap
85,000 visas
Processing
6-12 months
All about H-1B

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.

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Who defines the prevailing wage in H-1B?

In H-1B cases, the prevailing wage is set by the U.S. Department of Labor (DOL), which establishes the reference salary by occupation and region. Learn how this figure is determined.

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