If you’re a highly skilled non-US citizen seeking employment in the United States, you may be considering an H-1B visa. H-1B visas are temporary visas that allow foreign workers to come to the US to work in specialized fields such as medicine, engineering, and technology. One of the most important aspects of securing an H-1B visa is meeting the salary requirements set by the Department of Labor (DOL) and the US Citizenship and Immigration Services (USCIS). In this guide, we’ll walk you through everything you need to know about H-1B visa salary requirements.

Key Takeaways:

• H-1B visa salary requirements are determined by the Department of Labor (DOL) and the US Citizenship and Immigration Services (USCIS).
• For 2021, the minimum H-1B salary requirement is $60,000.
• H-1B visa holders must be paid the same wage as similarly qualified American workers or the prevailing wage for their occupation in the area where they will be working, whichever is higher.
• Employers must provide H-1B visa holders with the same benefits as American workers.
• Employers must file an LCA with the DOL before submitting an H-1B petition.

The Basics of H-1B Visa Salary Requirements

The DOL and the USCIS work together to determine the minimum wage that H-1B visa holders must be paid. The minimum wage is determined through different tiers of wages that correspond with a worker’s education and experience level.

For example, a worker with a bachelor’s degree and no experience may fall into the Level 1 wage tier, which requires a minimum salary of $60,000. A worker with a higher education level, such as a master’s degree, may fall into a higher wage tier that requires a higher minimum salary.

It’s important to note that employers must pay H-1B visa holders the same wage as similarly qualified American workers or the prevailing wage for their occupation in the area where they will be working, whichever is higher. The prevailing wage is determined by the DOL and is based on the job title, location, and required experience level.

Other Salary Requirements for H-1B Visa Holders

In addition to meeting the minimum wage requirements, employers must also provide H-1B visa holders with the same benefits as American workers. This includes things like health insurance, retirement plans, and other benefits offered to American workers in similar positions.

Employers must also file a labor condition application (LCA) with the DOL before submitting an H-1B petition. The LCA outlines the wage and working conditions for the H-1B visa holder and ensures that the visa holder will not displace an American worker.

Additional Considerations for H-1B Visa Salary

It’s important to note that H-1B visa holders may also receive bonuses and other types of compensation in addition to their base salary. These additional types of compensation can count towards meeting the minimum salary requirement as long as they are regular and guaranteed.

H-1B visa holders are also allowed to work for multiple employers as long as each employer files a separate H-1B petition. This can present salary challenges if one employer does not pay the prevailing wage or if the combined wages from multiple employers do not meet the minimum salary requirement.

Conclusion

Navigating H-1B visa salary requirements can be complicated, but it’s an important aspect of the application process. To ensure that you’re meeting all of the salary requirements, it’s best to work closely with your employer and an experienced immigration attorney. By understanding the minimum wage requirements, prevailing wages, and other considerations for H-1B visa holders, you’ll be better equipped to succeed as a non-US citizen working in the United States.

FAQs

What is the minimum H-1B salary requirement for 2021?The minimum H-1B salary requirement for 2021 is $60,000.

What is the prevailing wage for H-1B visa holders?The prevailing wage for H-1B visa holders is determined by the Department of Labor and is based on the job title, location, and other factors.

Can H-1B visa holders work for multiple employers?Yes, H-1B visa holders can work for multiple employers as long as each employer files a separate H-1B petition.

What happens if an H-1B visa holder is not paid the minimum salary?If an H-1B visa holder is not paid the minimum salary or is not provided with the same benefits as American workers, they may lose their visa status and be required to leave the United States.