H-1B Wage Levels: What You Need to Know

As H-1B cap-selected candidates move forward with their petitions, many are surprised to learn that their educational credentials and professional experience do not automatically translate into a higher wage level under the H-1B system.

Common Misunderstanding:

"Since I have a Ph.D. and years of experience, my H-1B wage level must be Level 3 or 4."

Not true.

In the H-1B system, wage levels are determined by the requirements of the job offered, not the qualifications of the person being hired. A candidate may be highly overqualified for the role, but that does not obligate the employer to pay a higher wage level—if the role itself is legitimately entry-level.

Department of Labor’s Wage Level Framework

The U.S. Department of Labor defines four wage levels based on factors such as:

• The complexity of job duties

• The level of supervision required

• The degree of independent judgment expected

• Industry norms for similar positions

A Level 1 wage corresponds to entry-level roles that require limited experience and supervision. Even if the candidate holds an advanced degree or has extensive prior experience, the wage level remains tied to the job, not the person.

Case Study: Approved Level 1 Wage Despite Advanced Background

Our firm recently secured approval for an H-1B transfer filed at Level 1 wage. The employee held a master’s degree and had several years of professional experience in media production. However, the new position at a small animation company was classified appropriately as an entry-level role, based on the job duties and required qualifications.

The case was approved without issue because the wage level was consistent with the position, not inflated based on the employee’s background.

Key Takeaways

• H-1B wage levels are job-specific—not candidate-specific.

• Employers may assign Level 1 wages if the position legitimately qualifies as entry-level.

• Prior H-1B wage levels do not bind a new employer in a change-of-employer petition.

• What matters is that the wage level aligns with the responsibilities and requirements of the job offered.

  
  

If you’re unsure how to classify a job or set an appropriate wage level for an H-1B petition, our office can assist with strategic guidance and compliance review.