Actual Wage vs. Prevailing Wage on Your H-1B: What Your Paystub Should Show
Two wage numbers govern your H-1B pay. Learn which one your employer must actually pay and how to check it against your paystub.
Part of our guide to H-1B wage levels.
You pull up your latest paystub, then pull up the Labor Condition Application (LCA) your employer filed for your H-1B, and the numbers don't obviously line up. One figure says "prevailing wage." Another, buried in your offer letter or HR portal, is called your "actual wage." Neither is the number on your paystub, and nobody explained which one your check is actually supposed to match.
Here's the short answer: your employer must pay you whichever of the two is higher, every pay period, for as long as you hold that H-1B. The prevailing wage is a Department of Labor (DOL) floor set for your occupation and metro area. The actual wage is what your employer pays its own similarly qualified workers in the same job at that worksite. Your paystub should never fall below the higher of the two, and this article walks through how to check that yourself.
The two numbers, defined
Prevailing wage. DOL calculates prevailing wages from the Occupational Employment and Wage Statistics (OEWS) survey, sorted into four wage levels by percentile, looked up by Standard Occupational Classification (SOC) code and worksite metro area through the DOL FLAG wage search tool:
| Wage Level | OEWS Percentile | Typical Experience Signal |
|---|---|---|
| Level I | 17th percentile | Entry-level, basic understanding of duties |
| Level II | 34th percentile | Moderate experience, some independent judgment |
| Level III | 50th percentile | Experienced, exercises judgment on complex tasks |
| Level IV | 67th percentile | Fully competent, senior-level independent work |
The current DOL wage data series covers July 2026 through June 2027, so the exact dollar figure attached to your SOC code and metro area depends on which annual data cycle your employer used when the LCA was certified.
Actual wage. This is not a government number at all. It's what your specific employer pays its own workforce for the same job, at the same worksite, adjusted for experience, qualifications, education, and any documented pay system the company applies (a formal pay scale, a bonus structure, seniority increments). If your employer has no other workers in a comparable role, the actual wage determination usually defaults close to the prevailing wage, but where comparable employees exist, DOL expects the employer to actually compare you to them.
The rule that ties these together: your employer must pay you the higher of the actual wage or the prevailing wage, not an average of the two and not whichever is more convenient to document.
Why this shows up on your LCA, not your offer letter
Every H-1B petition rests on a certified LCA (Form ETA-9035), and what an LCA actually contains includes the wage rate, the wage level, the SOC code, and the worksite address your employer attested to under penalty of perjury. That LCA becomes part of the public access file your employer is required to maintain, and it's the document that defines your wage floor, not your offer letter, not your resume, and not a verbal number a recruiter gave you.
How the prevailing wage figure is actually determined matters here because the wage level your employer selects changes the number substantially between Level I and Level IV for the same job title, at the same company, in the same city. Two workers with the identical title at the identical employer can legally have different prevailing wage floors if their LCAs were filed at different wage levels based on the duties described.
Step-by-step: checking your paystub against your LCA
- Get your certified LCA. Ask HR or your immigration coordinator for the copy filed with your H-1B petition, or check the DOL's public disclosure data for LCAs filed under your employer's FEIN.
- Find the wage rate and wage level fields. The LCA states an annual (or hourly) wage rate and which of the four levels was used.
- Confirm the worksite address matches where you actually work. A wage rate is tied to a specific metro area; if you've relocated or gone remote to a different metro since the LCA was filed, the original wage rate may no longer be the correct floor for your current worksite.
- Pull a recent paystub and annualize it. Multiply your per-period gross pay by your pay frequency (26 for biweekly, 24 for semi-monthly, 12 for monthly) to get an annualized figure comparable to the LCA rate.
- Compare. Your annualized gross pay should be at or above the LCA wage rate. Bonuses, stock, and other variable pay generally cannot be counted toward the required wage unless they're guaranteed and non-discretionary — treat this distinction carefully rather than assuming any extra compensation counts.
- Flag a gap, don't self-diagnose it. If your paystub is below the LCA rate, that's a compliance question for your employer's HR or immigration counsel, not something you should try to resolve by asking a coworker or forum. Underpayment relative to a certified LCA is a real Department of Labor Wage and Hour Division exposure for the employer, and you should not assume it is a harmless clerical delay.
What changed in 2026 that affects wage strategy
The wage level named on your LCA now does more than set a pay floor. As of the wage-weighted H-1B lottery effective 2026-02-27, registration entries in the annual lottery are tied to that wage level: Level IV gets 4 entries, Level III gets 3, Level II gets 2, and Level I gets 1. USCIS confirmed it received enough registrations to fill the FY2027 cap under this wage-weighted system, the first cap season run under the new rule. This gives employers a documented, structural incentive to file LCAs at a higher wage level than the bare minimum, since it improves lottery odds. If you're negotiating a new H-1B role or a transfer, this is worth understanding, and what actually determines the prevailing wage figure is the place to start before that conversation.
Separately, an employer can request a formal Prevailing Wage Determination from DOL's National Prevailing Wage Center (NPWC) rather than calculating the wage internally. Doing so grants "safe harbor" — the Wage and Hour Division will not challenge a correctly applied wage in an investigation once DOL itself has issued the determination. This protects the employer more directly than it protects you, but it's a useful signal: an LCA built on an NPWC-issued determination has already been vetted by the agency that would otherwise investigate a complaint.
A pending rule that is not yet in effect
DOL published a Notice of Proposed Rulemaking on 2026-03-27 proposing to raise prevailing wage floors by roughly 20 to 33 percent across the board. The public comment period closed 2026-05-26. As of 2026-09-12, this rule has not been finalized and carries no effective date. It is a proposal, not a rule you are currently subject to — do not treat a raised wage floor as something already in effect, and check the Federal Register or your employer's immigration counsel before making any decision based on it. If it is finalized, it would raise the floor for new LCAs and likely for wage levels used in extensions and amendments going forward, but that has not happened yet.
Common mistakes
- Comparing your paystub to a number a recruiter or manager quoted verbally instead of the actual figure on the certified LCA. Only the LCA and the underlying wage determination are authoritative.
- Assuming a bonus or equity grant closes a gap between your base pay and the LCA wage rate. Variable, discretionary compensation generally does not count toward the required wage unless it is guaranteed.
- Not re-checking the wage rate after a worksite change. Moving to a different city, or shifting from office-based to a client site in another metro, can change the applicable prevailing wage area and may require an amendment to your existing petition or a fresh LCA — the wage rules travel with your worksite, not just your job title.
- Confusing the prevailing wage with your market-rate salary. The prevailing wage is a regulatory floor calculated from OEWS survey percentiles, not a ceiling or a target — many H-1B workers are paid well above it, and being above it is not evidence of anything beyond compliance.
- Treating a promotion or title change as automatically covered by the existing LCA. A meaningful change in duties can require a new prevailing wage determination and possibly an amended petition before the new pay or title takes effect.
- Waiting on a possible 2026 wage-floor increase that has not been finalized. The NPRM proposing higher floors is still in the proposal stage with no effective date as of this writing, and planning around it as though it were settled law is premature.
Frequently asked questions
What is the difference between actual wage and prevailing wage on an H-1B?
The actual wage is what your employer pays other workers at your worksite with similar experience and qualifications in the same job. The prevailing wage is a Department of Labor floor for that occupation and metro area, set at one of four OEWS percentiles. Your employer is required to pay you whichever of the two numbers is higher, and both figures appear on your Labor Condition Application.
How do I check whether my paystub matches my H-1B LCA?
Pull your certified LCA (Form ETA-9035), find the wage rate and wage level listed on it, then compare that annualized figure against your gross pay on a recent paystub adjusted for your pay frequency. If your worksite, job title, or duties changed since the LCA was filed, a new LCA and possibly an amended petition may be required, so involve an immigration attorney before assuming a mismatch is just paperwork lag.
Does the wage-weighted H-1B lottery change what wage level my employer picks?
Yes. As of the wage-weighted lottery effective 2026-02-27, the number of registration entries tied to a candidate scales with the wage level named on the eventual LCA, Level IV four entries, Level III three, Level II two, and Level I one. This gives employers a documented incentive to file at a higher wage level, which can raise the actual salary offered.
Is there a new higher minimum wage floor for H-1B workers coming?
DOL published a Notice of Proposed Rulemaking on 2026-03-27 to raise prevailing wage floors by roughly 20 to 33 percent, and the comment period closed 2026-05-26. As of 2026-09-12 this rule is not final and has no effective date, so it does not change the wage you must be paid today. Confirm the current status with your employer's immigration counsel or the Federal Register before assuming it applies to you.
What is a Prevailing Wage Determination and does it protect me as the employee?
A Prevailing Wage Determination is a formal request an employer files with DOL's National Prevailing Wage Center that grants safe harbor, meaning the Department of Labor's Wage and Hour Division will not challenge a correctly applied wage during an investigation. It primarily shields the employer from a wage-violation finding, but for you it is a signal that the wage on your LCA was independently vetted rather than self-calculated.
Where to go from here
Wage compliance is one of the more mechanical parts of H-1B sponsorship, but it is also one of the easiest for a busy HR team to let slip after your first year on the job, especially through a raise, a title change, or a worksite move. If you want a second set of eyes on your job search or your documentation as you navigate an H-1B role, reach out to F1Jobs — as a heads-up, F1Jobs is a job-search service for candidates like you, and we're telling you that upfront so you can weigh the analysis above on its own merits.
Frequently asked questions
What is the difference between actual wage and prevailing wage on an H-1B
The actual wage is what your employer pays other workers at your worksite with similar experience and qualifications in the same job. The prevailing wage is a Department of Labor floor for that occupation and metro area, set at one of four OEWS percentiles. Your employer is required to pay you whichever of the two numbers is higher, and both figures appear on your Labor Condition Application.
How do I check whether my paystub matches my H-1B LCA
Pull your certified LCA (Form ETA-9035), find the wage rate and wage level listed on it, then compare that annualized figure against your gross pay on a recent paystub adjusted for your pay frequency. If your worksite, job title, or duties changed since the LCA was filed, a new LCA and possibly an amended petition may be required, so involve an immigration attorney before assuming a mismatch is just paperwork lag.
Does the wage-weighted H-1B lottery change what wage level my employer picks
Yes. As of the wage-weighted lottery effective 2026-02-27, the number of registration entries tied to a candidate scales with the wage level named on the eventual LCA, Level IV four entries, Level III three, Level II two, and Level I one. This gives employers a documented incentive to file at a higher wage level, which can raise the actual salary offered.
Is there a new higher minimum wage floor for H-1B workers coming
DOL published a Notice of Proposed Rulemaking on 2026-03-27 to raise prevailing wage floors by roughly 20 to 33 percent, and the comment period closed 2026-05-26. As of 2026-09-12 this rule is not final and has no effective date, so it does not change the wage you must be paid today. Confirm the current status with your employer's immigration counsel or the Federal Register before assuming it applies to you.
What is a Prevailing Wage Determination and does it protect me as the employee
A Prevailing Wage Determination is a formal request an employer files with DOL's National Prevailing Wage Center that grants safe harbor, meaning the Department of Labor's Wage and Hour Division will not challenge a correctly applied wage during an investigation. It primarily shields the employer from a wage-violation finding, but for you it is a signal that the wage on your LCA was independently vetted rather than self-calculated.