The minimum salary for an H1B visa is $60,000.
The minimum salary for an H1B visa is $60,000 per year. This is a very high amount, so it is not surprising that many companies pay their H1B employees more than this amount. However, there are certain requirements that must be met in order for an employer to pay any employee more than the minimum salary requirement.
First, the position must require at least a bachelor’s degree in a specialized field of study or equivalent work experience in order to qualify for an H1B visa. Second, the employer must have paid either the full amount of these wages or at least $15 per hour during each week of employment since October 1st of last year up until the time of filing your application with USCIS if you are applying on behalf of someone else’s behalf as well as your own; this includes both full-time and part-time employees who are employed by said company(ies).
Minimum Salary For H1b Visa
The H1B visa is one of the most popular visas due to the benefits it offers. It allows nonimmigrants to work legally in the United States, thus having a better time supporting their families.
But not everyone can obtain a visa – there’s a lottery going on and not everyone is lucky enough to obtain this visa. Moreover, the H1B status worker may also be interested in how much they are going to get paid if they get a job in the U.S. So, what is the minimum salary to file an H1B visa?
What Is the Minimum Salary for H1B Employees?
It’s known that the H1B visa is a great opportunity for nonimmigrants to obtain a nice job in the United States and start earning money to support themselves and their loved ones. But when it comes to obtaining an H1B visa, there is a minimum wage to be aware of.
But the minimum wage of the job depends on several factors. The type of job, as well as the amount of experience you need for it and the location, are all factors that influence the minimum wage.
The Trump administration came up with a new idea regarding the minimum wage for foreign-born engineers and scientists. Basically, they proposed that these nonimmigrants under H1B status would have a minimum wage of $150,000 to $250,000 or more a year. Of course, it all depends on the type of job and its location.
According to some sources, there are certain people in the administration who don’t like the idea of too many nonimmigrant workers coming to the U.S. As such, they are using the coronavirus pandemic to their advantage, in order to make multiple high-skilled workers from abroad not be able to obtain a job in the States.
Apparently, this restriction that is currently being discussed has been made to stop the entry of some H1B visa holders, respectively those who are not paid at the highest salary level. Level 4 is the highest one.
This makes employers very afraid of what will happen if the restriction will come into place. In their opinion, the current federal government’s system doesn’t reflect market wages as they are. Now with the new proposal, they are worried that this will prevent them from finding the most talented employees to work on tech-related jobs and thus recover from the current economic situation.
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Why Is There a Minimum Salary?
There is a reason why the government is so concerned with the way the H1B visa program is selecting the employees. Basically, this program makes sure that not only the employers but also the employees get the right type of treatment when it comes to compensation and salary.
The minimum salary is put in place to make sure that people are getting paid enough for their skills and hard work. Basically, it protects an employee against a very low wage.
How Was the H1B Minimum Salary Determined?
The minimum salary for H1B workers was determined by using the collective union contract. This contract has all the wage rates that apply to different professions. But there are also jobs that are not included in a union contract. If this is the case, it will be determined by looking at the weighted average of salaries that are offered to other employers in other locations who have the same type of employment.
Is There Any Requirement for Wage in LCA for an H1B Petition?
If you’re in this situation, then you must ensure that your job doesn’t pay you less than the minimum or prevailing wage in the area that you live. You have to check the minimum salary in the area you work for your particular position. You can find this by accessing the Foreign Labor Certification Data Center.
How Can You Find the Minimum Salary If You’re an H1B LCA?
First things first, you have to access the homepage of the Foreign Labor Certification Data Center and make sure to click on the search wizard.
Afterward, go to the options for the Source of the Database for Prevailing Wage. Select the industry you want to work in, but if you’re not sure, you can just select all of them. Then, select the geographical location where you intend to start working and then select the job title of the particular position. If you can’t find the job title, you can try the keyword option instead. After you’re done with this, you only have to click on “search”.
Once you do this, you will be able to wage information. You will have to ask your employer what the wage level for your position is. It’s important you know this.
If you want to find the wage level of your LCA that was used when filing the H1B petition, then you will have to ask your employer for an LCA copy. In Section G, there will be information regarding the Wage database year, Wage offered in the area, and the Wage Level. You can also check out the DOL LCA Website and search online for it as long as you know the LCA number.
Make sure that the right wage level is selected. If the Computer Programmer Level 1 wage is selected, it will not help you qualify for the H1B visa as it’s not considered a specialty occupation.
What Can You Do If the Employer Is Not Paying You the Salary as per LCA?
Your employer has the obligation to pay you according to the salaries featured on the LCA. But if for some reason the employer is not paying you, what you can do is pretty much file a complaint with the Department of Labor.
If you fill out the WH4 form, then you will be able to make a complaint. Before you do this, you should talk to the employer and tell them to respect the LCA and if they refuse, the WH4 will be your best friend.
Are There Any Exceptions to the H1B Minimum Salary?
The only exceptions to the H1B salaries are H1B workers who either receive $60,000 annual wages or have a Master’s or higher degree. For the $60,000 wage to be determined, the nonimmigrant has to receive an annual salary or hourly wages that in total make at least $60,000, whether the worker has a full-time or part-time job. At the same time, the salary has to be paid “cash in hand” and “free and clear”, as well as paid when due.
