Every H-1B petition and PERM application has a wage floor: the prevailing wage for the job in its location. The employer must pay at least that amount.
Hiring managers rarely see this number until late. It helps to know where it comes from, because the job description they write is what sets it.
Four levels
For most jobs, the Department of Labor uses wage survey data for the occupation and area, divided into four levels. Level I is the entry point. Level IV is the most senior.
The level is set by the job, not by the person hired. A very experienced candidate in an entry-level role still gets an entry-level wage determination.
What moves a job up a level
- Experience required beyond what is usual for the occupation.
- A higher degree than is usual.
- Special skills, licenses or languages listed as requirements.
- Supervising other employees.
Each extra requirement can push the wage higher. That is not a reason to leave real requirements out. It is a reason to list only the requirements the job actually has.
Why the job description decides
For PERM, the employer asks the Department of Labor for a wage determination on Form ETA-9141, based on the job description. The same requirements then appear in recruitment and in the application. They must match.
The determination can be challenged. If the level looks wrong for the job, the employer can ask the Department of Labor to review it, within the time the rules allow.
Write the description before the candidate’s résumé is in front of you. A description built around one person’s history tends to over-specify the job. See PERM labor certification.
Sources
- U.S. Department of Labor, Foreign Labor Application Gateway: Prevailing wages
- U.S. Department of Labor, Foreign Labor Certification
Published July 21, 2026.
