The minimum salary for an H-1B visa in 2024 does not have a single, universal figure. Instead, the required wage is primarily determined by the prevailing wage for the specific occupation and geographic location, or the actual wage paid to similarly qualified employees, whichever is higher. However, a significant $60,000 annual salary threshold applies to certain H-1B dependent employers to qualify for specific exemptions from additional attestations.
Understanding H-1B Wage Requirements
Employers sponsoring H-1B workers are generally required to pay the nonimmigrant the higher of two wage benchmarks:
- The Prevailing Wage: This is the average wage paid to similarly employed workers in a specific occupation in the intended area of employment. It is determined by the U.S. Department of Labor (DOL) and varies significantly based on:
- The specific job occupation (e.g., Software Developer, Financial Analyst).
- The geographic location where the work will be performed.
- The level of experience and education required for the position (often categorized into four wage levels).
- The Actual Wage: This is the wage rate paid by the employer to other employees with similar experience and qualifications for the same occupation in the same location.
The employer must pay the H-1B worker the higher of these two wages to ensure U.S. workers are not adversely affected and H-1B workers are not underpaid.
The Prevailing Wage Explained
The Department of Labor's Occupational Employment Statistics (OES) program is a primary source for determining prevailing wages. These wages are categorized into four levels, reflecting different levels of experience, education, and supervision:
| Wage Level | Description |
|---|---|
| Level I | Entry-level positions requiring basic qualifications. |
| Level II | Qualified employees with a good understanding of the job. |
| Level III | Experienced employees fully competent in all aspects of the job. |
| Level IV | Fully competent and experienced employees with supervisory or specialized duties. |
Employers typically use the DOL's online Wage Library or obtain a prevailing wage determination from the National Processing Center.
Special Exemption Threshold: The $60,000 Rule
While the prevailing wage is the general standard, a specific $60,000 annual salary threshold comes into play for certain employers. This applies to employers classified as H-1B dependent (those with a high percentage of H-1B workers) or those designated as willful violators of H-1B regulations.
These employers are normally subject to additional attestations, such as not displacing U.S. workers and actively recruiting U.S. workers. However, they can be exempt from these additional requirements if they meet certain criteria, which includes paying the H-1B nonimmigrant an annual salary of at least $60,000.
Key details regarding the $60,000 annual wage, as per U.S. Department of Labor guidelines:
- The H-1B nonimmigrant, whether employed full-time or part-time, must actually receive hourly wages or an annual salary totaling at least $60,000 in the calendar year.
- The salary must be paid "cash in hand" and "free and clear." This means the employer cannot deduct for items not required by law, such as tools, business expenses, or fees primarily for the employer’s benefit.
- The required salary must also be paid when due, ensuring timely compensation to the H-1B worker.
It is crucial to understand that this $60,000 threshold is not the universal minimum for all H-1B visas. Instead, it serves as a specific condition allowing certain employers to avoid additional compliance burdens associated with their H-1B dependency or past violations. Most H-1B petitions will primarily focus on meeting the prevailing wage for the specific occupation and location.
For more detailed information on prevailing wage determinations and H-1B requirements, refer to the U.S. Department of Labor's Foreign Labor Certification resources.
