Important H1B Requirements - Wages

Wages

Employers are required to pay H1B nonimmigrants the greater of: 1) the actual wage rate as determined by the Code of Federal Regulations (20 CFR 655.731 a-d), or 2) the prevailing wage, including the obligation to offer benefits and eligibility for benefits on the same basis, and in accordance with the same criteria as the employer offers to U.S. workers.

• The prevailing wage can be determined by petitioning the National Processing Center on form ETA 9141, an independent authoritative source, or another legitimate source of wage information.  Certain sources receive safe harbor treatment under Department of Labor regulations and offer protections in the event of a wage investigation.