US Publishes Wage Rule Employers Must Follow When Hiring H-1B Foreign Workers
- The US Department of Labor has published the prevailing wage requirement that governs how much employers must pay foreign workers hired under visa programmes including H-1B
- The rule applies across several employment-based visa categories and is designed to protect the wages and working conditions of American workers in similar roles
- Employers can access wage data through the Department of Labor's official online tool to determine the minimum rates they are legally required to offer
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The United States Department of Labor has published the wage requirements that employers must meet when hiring foreign nationals under employment-based visa programmes, including the widely used H-1B category.
Under the Immigration and Nationality Act (INA), the hiring of a foreign worker must not negatively affect the wages or working conditions of comparably employed American workers. To give that requirement practical force, federal regulations require employers to offer at least the prevailing wage for the relevant occupational category in the area where the work will be performed.
Source: UGC
US: What prevailing wage rule means
The prevailing wage is the average pay workers in a specific occupation receive in the intended area of employment. Employers covered by this requirement can determine the correct rate in two ways: submit a formal request to the National Prevailing Wage Center (NPWC) or consult the OFLC Wage Search tool available through the Department of Labor's online portal.
The prevailing wage obligation applies across most employment-based visa programmes administered by the Department of Labor, including PERM, H-2B, H-1B, H-1B1, E-3, and CW-1.
However, the H-1B, H-1B1, and E-3 programmes carry an additional layer of protection: employers sponsoring workers under those categories must pay whichever is higher between the prevailing wage and the actual wage already being paid to workers with comparable skills and qualifications at the same company.
How employers can access wage data
The Department of Labour makes relevant wage data publicly accessible through its foreign labor wages page, which outlines programme requirements and provides guidance on using the available tools. The NPWC has been accepting wage determination requests from employers since 4 January 2010.
The framework is intended to ensure that the use of foreign labour does not become a mechanism for undercutting local pay standards, a concern that has shaped US immigration labour policy for decades. For workers from countries such as Nigeria in the United States on H-1B visas, or exploring that pathway, understanding these protections matters both when evaluating job offers and when knowing their legal entitlements from an employer.
In a similar report, Legit.ng published that the US announced the income rule citizens must meet to sponsor their foreign relatives for Green Card.
DV-2026 programme: US announces eligibility requirements
Meanwhile, Legit.ng previously reported that the US announced the two eligibility requirements applicants must meet for the DV-2026 US Diversity Visa programme, including rules on country of birth, education and work experience.
The programme offers a potential route to permanent residency in the US, but meeting the requirements does not guarantee an applicant will be selected.
Source: Legit.ng
