H-1B Salary Requirement in 2025: What Employers & Applicants Need to Know
If you're planning to hire a foreign worker on an H-1B visaapply for one yourself— understanding the salary requirements is a key part of the process.
H-1B workers must be paid at or above a certain wage level, and these rules are enforced by the U.S. Department of Labor (DOL).
In 2025, these wage rules remain in full effect, and failing to meet them can lead to application denials or even penalties for employers.
This guide breaks down what you need to know about the H-1B salary requirement, how it’s calculated, what the current minimum salary for H-1B workers is, and what both employers and applicants should keep in mind when navigating wage compliance.
SCHEDULE A CONSULTATIONWhat Is the H-1B Salary Requirement?
The H-1B visa is for workers in specialty occupations — jobs that typically require a bachelor’s degree or higher.
But the job alone isn't enough.
The employer must also agree to pay the worker a wage that meets or exceeds both:
- The actual wage paid to other employees in similar roles at the company, and
- The prevailing wage which is determined based on the role, location, and required experience.
This is meant to ensure that hiring a foreign worker doesn't undercut wages for U.S. workers in the same field.
What is the H-1B salary requirement in 2025?
The H-1B salary requirement in 2025 depends on the job role, experience level, and job location. Employers must pay H-1B workers the higher of either the actual wage paid to similar employees or the prevailing wage set by the Department of Labor. There is no fixed national minimum salary; wage levels are determined by occupation and geographic area.
H-1B Minimum Salary vs. Prevailing Wage: What’s the Difference?
The minimum salary for H-1B workers isn’t a flat number.
Instead, the Department of Labor uses a wage level system that considers four levels of experience:
- Level 1: Entry-level (least experience)
- Level 2: Qualified (some experience)
- Level 3: Experienced (solid background)
- Level 4: Fully competent or expert level
For each job and geographic location, the DOL publishes wage data via the Foreign Labor Certification Data Center.
A software engineer in San Francisco will have a different prevailing wage than one in Des Moines.
So while there’s no single national H-1B minimum salary, the wage must align with DOL standards for the specific role and location.
H-1B Minimum Wage Requirement in 2025
In 2025, the prevailing wage system is still based on the same four-level structure.
The actual wage amounts vary based on:
- Occupation
- Job duties
- Location (by county and metro area)
- Experience and education level
For example, a Level 1 wage for a mechanical engineer in Chicago may be around $65,000, while the same job in the Bay Area might start at $85,000 or more (these numbers may not be actual and are only used as examples).
These figures shift annually and can also change based on government policy.
To stay compliant, employers must obtain a certified Labor Condition Application (LCA) from the DOL confirming that they will pay the correct wage.
The $60,000 Rule and H-1B Exempt Workers
For H-1B-dependent or “willful-violator” employers — those with a high share of H-1B staff or a DOL violations — an individual H-1B worker is deemed “exempt” if they:
- Earn $60,000+ in annual cash wages or
- Hold a U.S. master’s degree (or higher) in a related field
Exempt means the employer may skip the extra LCA attestations about recruiting and not displacing U.S. workers; all other H-1B requirements, including paying at least the prevailing wage, still apply.
Employer Responsibilities for H-1B Wage Compliance
Employers must take several steps to comply with H-1B salary rules:
- File an LCA with the Department of Labor and obtain certification
- Pay the actual or prevailing wage, whichever is higher
- Maintain public access files documenting how the wage was determined
- Ensure wages are paid even if the worker is temporarily not performing work (known as “benching”)
If an audit or complaint occurs, the Department of Labor can review these records.
Failing to meet wage obligations can lead to fines, back pay, or even debarment from the H-1B program.
Common Wage Mistakes Employers Make
A few common issues that lead to problems:
- Using outdated wage data
- Assuming $60,000 is always sufficient
- Underpaying based on part-time work without adjusting the hourly rate
- Assigning duties that don't match the job classification used in the LCA
Employers should ensure the wage offered aligns with both the duties listed and the role’s classification under the DOL guidelines.
What Startups and Small Employers Should Know
Startups and smaller companies can sponsor H-1B workers, but it may require some additional preparation:
- You still need to meet the same salary requirements
- The DOL and USCIS may review whether the company has the ability to pay the wage
- You’ll need to clearly define the job role, show business legitimacy, and document how wages will be paid
These employers might face extra scrutiny, so it’s helpful to get guidance before moving forward with an H-1B petition.
Quijano Law offers guidance for the H-1B process.
SCHEDULE A CONSULTATIONFinal Thoughts
H-1B salary requirements aren’t just a formality — they’re a critical part of compliance and approval.
Whether you're an employer hiring skilled talent or an applicant navigating the process, understanding how wages are determined and what’s expected can help avoid issues later.
If you have questions about wage requirements or need help with an H-1B application, Quijano Law provides legal guidance to employers and professionals working through the H-1B process.
SCHEDULE A CONSULTATIONFAQs
What is the minimum salary for H-1B visa?
There is no universal minimum salary for all H-1B workers. The required wage depends on the job title, geographic location, and experience level, and must meet or exceed the prevailing wage set by the Department of Labor.
Can H-1B workers be paid hourly?
Yes, as long as the hourly wage meets or exceeds the required prevailing wage for the role and location.
How much money do you need for an H-1B visa?
There’s no exact amount required for applicants, but employers must cover petition filing, fees for H-1B visas and commit to paying the prevailing wage. Applicants may need personal funds for visa appointments, travel, or relocation, but there is no formal bank balance requirement.
What is the minimum requirement for H-1B?
To qualify for an H-1B visa, the job must be a specialty occupation requiring at least a bachelor’s degree or equivalent. The employer must offer a wage that meets or exceeds the actual or prevailing wage and file a Labor Condition Application.
Does H-1B have a salary cap?
There’s no maximum salary limit. The key is meeting or exceeding the minimum required wage.
Do bonuses count toward the H-1B wage requirement?
Only guaranteed, recurring payments typically count. One-time bonuses usually do not satisfy minimum wage requirements.
Does an H-1B visa lead to a Green Card?
An H-1B visa can be a path to a Green Card. Many H-1B holders adjust status through employment-based sponsorship while working in the U.S., but approval is not guaranteed and requires a separate process.
Can H-1B workers be paid hourly?
Yes, H-1B employees can be paid hourly as long as the hourly wage meets the prevailing wage requirement and they’re paid for all nonproductive time unless the worker is voluntarily absent.
What happens if an H-1B worker is underpaid?
If an employer pays below the required wage, they may face penalties, back wage orders, and potential debarment from the H-1B program. The Department of Labor may investigate based on complaints or audits.
How are prevailing wages determined for H-1B?
Prevailing wages are based on job title, location, education, and experience, using wage data published by the Department of Labor. Employers use this information when filing the Labor Condition Application.
