H-1B Prevailing Wage: Definitions and Criteria for the Four Wage Levels

The prevailing wage requirement for H-1B status depends on the geographic area, the position, and the level. A 2009 document from the Foreign Labor Certification Data Center—specifically page 7 of the "Prevailing Wage Determination Policy Guidance for Nonagricultural Immigration Programs"—explains the definitions and requirements for the four levels.

Level 1

Level I (entry) wage rates are assigned to job offers for beginning level employees who have only a basic understanding of the occupation. These employees perform routine tasks that require limited, if any, exercise of judgment. The tasks provide experience and familiarization with the employer's methods, practices, and programs. The employees may perform higher level work for training and developmental purposes. These employees work under close supervision and receive specific instructions on required tasks and results expected. Their work is closely monitored and reviewed for accuracy. Statements that the job offer is for a research fellow, a worker in training, or an internship are indicators that a Level I wage should be considered.

Level II (qualified) wage rates are assigned to job offers for qualified employees who have attained, either through education or experience, a good understanding of the occupation. They perform moderately complex tasks that require limited judgment. An indicator that the job request warrants a wage determination at Level II would be a requirement for years of education and/or experience that are generally required as described in the ONET Job Zones.

Level 2

Level III (experienced) wage rates are assigned to job offers for experienced employees who have a sound understanding of the occupation and have attained, either through education or experience, special skills or knowledge. They perform tasks that require exercising judgment and may coordinate the activities of other staff. They may have supervisory authority over those staff. A requirement for years of experience or educational degrees that are at the higher ranges indicated in the ONET Job Zones would be indicators that a Level III wage should be considered. Frequently, key words in the job title can be used as indicators that an employer's job offer is for an experienced worker. Words such as 'lead' (lead analyst), 'senior' (senior programmer), 'head' (head nurse), 'chief' (crew chief), or 'journeyman' (journeyman plumber) would be indicators that a Level III wage should be considered.

Level IV (fully competent) wage rates are assigned to job offers for competent employees who have sufficient experience in the occupation to plan and conduct work requiring judgment and the independent evaluation, selection, modification, and application of standard procedures and techniques. Such employees use advanced skills and diversified knowledge to solve unusual and complex problems. These employees receive only technical guidance and their work is reviewed only for application of sound judgment and effectiveness in meeting the establishment's procedures and expectations. They generally have management and/or supervisory responsibilities.

Level 3

Level III (experienced) wage rates apply to job offers for experienced employees who possess a sound understanding of the occupation and have acquired special skills or knowledge through education or experience. They perform tasks requiring the exercise of judgment and may coordinate the activities of other staff, and they may have supervisory authority over those staff. Requirements for years of experience or educational degrees at the higher ranges indicated in the ONET Job Zones can serve as indicators that a Level III wage should be considered. Keywords in the job title often indicate that an employer's job offer is for an experienced worker. Terms such as 'lead' (e.g., lead analyst), 'senior' (e.g., senior programmer), 'head' (e.g., head nurse), 'chief' (e.g., crew chief), or 'journeyman' (e.g., journeyman plumber) are indicators that a Level III wage should be considered.

Level I is an "entry" position, referring to beginning employees who have only a basic understanding of the occupation. Such employees mainly perform routine tasks that require limited, if any, judgment, including familiarization with the employer's methods and programs, and may perform some higher-level work for training and developmental purposes. These employees work under close supervision, including specific instructions on required tasks and expected results. Their work is closely monitored and reviewed for accuracy. Job descriptions may contain keywords such as "research fellow," "worker in training," or "internship."

Level 4

Level III refers to "experienced" employees who have a sound understanding of the occupation and have attained special skills or knowledge through their education or work experience. Their work requires exercising judgment, including possibly coordinating the activities of other staff and possibly supervising other employees. Their position requirements, as described in the ONET Job Zones, include more years of work experience or higher degrees. Job title keywords include "lead" analyst, "senior" programmer, "head" nurse, crew "chief," and "journeyman" plumber.

Level 4 corresponds to "fully competent" employees. Such individuals have accumulated sufficient experience to independently plan and complete work tasks that require the exercise of judgment; they can autonomously evaluate, select, modify, and implement standard procedures and techniques. With advanced skills and extensive knowledge, they address unusual and complex problems. In their daily work, they require only technical assistance; their work is evaluated primarily on whether they demonstrate good judgment and effectively meet the company's procedures and expectations. Additionally, they typically carry management or supervisory responsibilities.

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