Understanding H-1B Prevailing Wage Levels
The Department of Labor (DOL) assigns one of four wage levels to H-1B Labor Condition Applications (LCAs). Level I is the lowest, designated for entry-level positions. The tension arises when employers argue the role is a specialty occupation while simultaneously certifying the lowest wage tier.
ā ļø Educational notice: This content is for informational purposes only and does not constitute legal advice. Consult a licensed immigration attorney for guidance specific to your situation.
DOL Wage Levels Explained
| Level | Description | Typical Experience |
|---|---|---|
| Level I | Entry-level; requires direction | 0ā2 years |
| Level II | Qualified; limited supervision | 2ā5 years |
| Level III | Experienced; independent judgment | 5ā10 years |
| Level IV | Fully competent; may supervise | 10+ years |
The Level I Paradox
USCIS officers have increasingly issued RFEs pointing out a logical tension: if a job truly requires at minimum a bachelor's degree in a specific specialty (the legal definition of specialty occupation), why would the employer classify it as entry-level? The argument is that a genuine specialty occupation requires not just a degree but applied expertise ā which is inconsistent with Level I.
Data: LCA Wage Level Distribution for H-1B (2025)
| Wage Level | Share of H-1B LCAs | RFE Rate |
|---|---|---|
| Level I | 28% | 48% |
| Level II | 41% | 31% |
| Level III | 24% | 18% |
| Level IV | 7% | 9% |
The data is striking: Level I petitions face nearly a 48% RFE rate ā nearly double the overall average.
What Employers Should Do
- Review job descriptions carefully ā ensure the duties genuinely reflect specialized application of knowledge, not generic tasks
- Consider Level II for positions that require any meaningful independent application of knowledge
- Gather wage evidence ā document the actual salary competitiveness for the market using BLS data, employer salary surveys, or iCIMS/Levels.fyi data