Proposed Increases to H-1B Prevailing Wages: Timeframes, Levels, and What To Do Next

For H-1B employers and workers, prevailing wage is the minimum required wage for a role in a specific location based on government wage data. It is usually tied to Occupational Employment and Wage Statistics data from the Bureau of Labor Statistics. Today, H-1B wage levels still line up at roughly the 17th, 34th, 50th, and 67th percentiles. The 2020 and 2021 proposals to raise those levels significantly were delayed, challenged, and then withdrawn in December 2021, so they are not in effect. A newer 2025 proposal by the Department of Homeland Security would weight H-1B cap selection odds by wage level, but it does not change how the Department of Labor sets prevailing wages. This is already a key issue for employers across Dallas–Fort Worth and South Florida.

What Prevailing Wage Means for H-1B Workers and Employers

Prevailing wage is the minimum wage that an H-1B employer must agree to pay for a specific occupation in a specific geographic area. It comes from Department of Labor regulations and guidance tied to the H-1B labor condition rules. For most H-1B roles, the prevailing wage is based on data from the Occupational Employment and Wage Statistics program. That data divides wages into four levels that roughly correspond to entry level, qualified, experienced, and fully competent workers.

You also need to consider two other wage concepts. The actual wage is what your company really pays to similar employees in the same role at the same location. The offered wage is what you promise in the H-1B petition. For compliance, you must pay at least the higher of the prevailing wage or the actual wage. Prevailing wage is a floor, not a cap.

Most H-1B petitions use OEWS data as the source for prevailing wage. Some employers, especially in niche sectors or specialized markets, rely on private wage surveys instead. In both cases, the goal is the same. You must show that the wage you offer meets or exceeds the legal minimum for that occupation and area.

In practice, a Level I software developer role in Dallas might sit near the lower band of local salaries, while Level III or Level IV roles are closer to highly competitive pay levels. In Fort Lauderdale, the same occupation code can map to a different set of numbers because OEWS reflects the Miami–Fort Lauderdale market rather than Dallas–Fort Worth.

Actual Wage, Prevailing Wage, and Offered Wage

What Are the Current H-1B Wage Levels and Percentile Ranges?

Under current rules, OEWS-based H-1B wages map to four levels. Each level lines up roughly with a percentile in the local wage distribution for that occupation. These ranges help you understand where the minimum required wage sits compared with the broader market in your metropolitan area or region.

These levels are not fixed salary numbers. They change by occupation and area. Level II for a software developer in Dallas–Fort Worth will not match Level II for the same code in Miami–Fort Lauderdale, even though the structure is the same.

The 2020–2021 Proposals To Raise H-1B Wage Levels

In 2020, the Department of Labor issued an interim final rule that would have sharply raised OEWS wage levels for H-1B and related programs. Under that proposal, the four levels would have moved from approximately the 17th, 34th, 50th, and 67th percentiles to about the 45th, 62nd, 78th, and 95th percentiles. Entry level positions would have moved close to the middle of the wage distribution, and higher levels would have moved near the very top.

In 2021, after litigation and public feedback, the Department issued a revised final rule that proposed somewhat lower, but still significantly higher, wage levels. Under that revised rule, Level I would have aligned around the 35th percentile, Level II around the 53rd, Level III around the 72nd, and Level IV around the 90th. The plan included a transition schedule so the new levels would have phased in over time rather than taking effect all at once.

Courts and stakeholders raised concerns about both the process and the substance of the rules. Those challenges led to delays, partial vacatur, and finally withdrawal. In December 2021, the Department of Labor rescinded the 2021 rule and returned to the prior four-level framework.

For you, the critical point is that many older articles and slide decks still cite the higher proposed levels as if they are current law. They are not. Whenever you pull wage data, you should confirm that you are working with the current 17, 34, 50, and 67 percentile structure, not the proposed 35, 53, 72, and 90 or 45, 62, 78, and 95 numbers.

Proposal History at a Glance

If any future rulemaking appears, it will likely reference this history. That is why it remains useful as a planning model even though it is not in effect.

How Would the Proposed Levels Have Changed Common H-1B Roles?

If the higher wage levels had taken effect, employers would have seen noticeable increases in minimum required wages for many roles. For example:

• A Level I software developer role in Dallas or Plano could have moved closer to what you now think of as a strong mid-range salary.
• A Level II data analyst or business analyst role might have shifted into a compensation band that is currently closer to Level III.
• A Level III or Level IV engineer or technical lead could have required wages near the top of the local market, especially in high-demand sectors.

These changes would have forced many employers in Dallas–Fort Worth and South Florida to adjust salary bands, hiring plans, and job classifications. Because the rules were withdrawn, these impacts remain hypothetical, but they offer a useful lens for planning.

New in 2025: Wage-Weighted H-1B Cap Selection Explained

In 2025, the Department of Homeland Security released a proposed rule aimed at changing how H-1B cap selections are made. Rather than relying on a purely random lottery across all qualifying registrations, DHS proposed a system that would weight selection odds by wage level. Higher wage level registrations would receive better odds of selection, while lower wage level registrations would still be eligible, but with fewer chances.

This proposal is about cap selection, not wage setting. DHS manages registration and selection for cap-subject H-1B petitions. The Department of Labor continues to set prevailing wage rules and manage Labor Condition Application requirements. The DHS proposal does not change how DOL calculates or enforces prevailing wages. You must still meet H-1B wage rules for each filing, regardless of lottery design.

For employers in Dallas–Fort Worth and Miami–Fort Lauderdale, a wage-weighted lottery could affect how you structure cap-season offers. Higher wage level registrations may become more attractive if they improve selection odds, especially at Level III or Level IV.

How Would a Wage-Weighted Lottery Work in Practice?

In a wage-weighted system, each registration could be grouped or scored by wage level.

• Level I registrations might receive fewer entries in the selection pool.
• Level II registrations might receive more entries than Level I.
• Level III and Level IV registrations might receive the most entries and therefore have higher odds.

Entry-level workers would still have a chance but would compete with a smaller weight. For planning, you would need to decide when it makes sense to classify a role at a higher wage level, both from a compliance and budgeting perspective.

Does a Wage-Weighted Lottery Change Prevailing Wage Rates?

No. A wage-weighted lottery would not change prevailing wage rates. The Department of Labor still controls:

• How prevailing wages are calculated.
• Which data sources are acceptable.
• How the four wage levels align with percentiles.

A wage-weighted system may create more pressure to offer higher wages, but the underlying numbers still come from OEWS data and any accepted surveys. You must meet those minimums, regardless of lottery rules.

How Prevailing Wage Determinations Work

Prevailing wage determinations are central to H-1B and PERM compliance. For many employers, especially those with structured immigration programs, the process starts with Form ETA-9141 through the Foreign Labor Application Gateway system. The National Prevailing Wage Center reviews these requests and issues wage determinations that serve as safe-harbor figures.

Here is a practical view of the workflow.

Private wage surveys can be useful when OEWS does not accurately reflect a particular labor market. Specialized roles in emerging technologies or niche healthcare areas are two common examples. When a survey meets Department of Labor criteria, it may be used to support or replace OEWS figures in a determination.

How Long Does an ETA-9141 Prevailing Wage Determination Usually Take?

Processing times vary, but many employers see determinations in a range of several weeks to a few months. The Department of Labor posts general ranges for NPWC workloads. You should build that window into your planning, especially if you are coordinating H-1B and PERM filings or preparing large hiring waves in Dallas–Fort Worth or South Florida.

Because wage data updates on July 1 each year, filing ETA-9141 requests before that date can sometimes help you rely on a known set of wages for a period. Filing after July 1 usually means you will receive a determination based on new OEWS data.

When Can Employers Use a Private Wage Survey Instead of NPWC Data?

You can use private wage surveys when:

• OEWS does not reflect the relevant labor market well.
• The survey is statistically sound and current.
• The survey clearly ties to the occupation and region.
• The methodology is transparent and reviewable.

You cannot simply choose a survey because it produces lower numbers. The survey must be credible and appropriate for the position. In some cases, you request a determination that explicitly uses survey data. In others, surveys help you show that OEWS figures do not match reality for a very specialized niche.

What Does Safe-Harbor Mean for NPWC Wages?

Safe-harbor means that when you follow an NPWC determination and pay at least that wage, the Department of Labor generally will not challenge the wage level choice in an audit. You still must classify the job correctly and keep accurate worksite and role information, but the wage number itself is treated as compliant.

This is why many employers, particularly those with ongoing H-1B and PERM programs, rely heavily on NPWC wage determinations for core job families.

Understanding OEWS Wage Levels and Annual Updates

The OEWS program, run by the Bureau of Labor Statistics with state agencies, collects wage data from employers across the United States. The data is organized by Standard Occupational Classification codes and geographic areas, such as metropolitan and non-metropolitan regions.

For H-1B purposes, the Department of Labor maps this data to four wage levels using defined methods. The four levels represent a progression from entry level to fully competent for each occupation and area. The levels are then indexed to approximate the 17th, 34th, 50th, and 67th percentile wages.

Each year, new OEWS data is released and DOL updates prevailing wage files around July 1. That means minimum required wages for H-1B and PERM cases can change on an annual cycle. Employers planning cap-season hiring or large recruitment efforts in Dallas or Miami should track these updates.

Example: Dallas–Fort Worth vs Miami–Fort Lauderdale

A simple illustration helps show how OEWS plays out geographically.

You cannot assume that a national average or a generic salary website matches OEWS. For H-1B purposes, the DOL data and wage level mapping are what matter.

How OEWS Data Is Collected and Mapped To Wage Levels

OEWS collects wage data from sampled employers, aggregates it to estimate wage distributions for each occupation and area, and then DOL applies its methods to create the four H-1B wage levels. The math behind that mapping is technical, but the result is four points on the local wage curve that anchor your H-1B wage decisions.

When Do New OEWS Wage Levels Apply Each Year?

New wage levels generally apply on or after July 1 each year. If you request a prevailing wage determination or file an LCA after that date, you should expect the updated figures to apply.

Some employers time ETA-9141 requests or LCAs around this schedule to manage predictability. You should confirm current practice before building a timing strategy around it, because agency guidance and processing times can change.

Budgeting Scenarios If Wage Levels Rise in Future Rulemaking

Even though the 2020 and 2021 proposals were withdrawn, future rulemaking may still aim to raise wage levels. It is helpful to model what that could mean for your salary bands, especially in job families that rely heavily on H-1B talent.

Consider the following high-level scenarios.

When you budget for cap-season hiring, you can model both current wages and potential higher levels. That way, you are not caught off guard if a new rule changes the wage curve.

How Level I and Level II Offers Could Shift Under Higher Wage Levels

If Level I wages move up, entry-level H-1B positions may start much closer to what you now offer more experienced hires. You might respond by:

• Reducing the number of Level I hires and focusing on Level II roles.
• Reclassifying certain positions and expectations to reflect higher productivity from the start.
• Building stronger training or internship programs that lead to Level II roles.

Level II may become the effective baseline for many roles in Dallas–Fort Worth or Miami–Fort Lauderdale, especially in competitive fields like software, data, and healthcare.

What Happens To Salary Bands If Levels Change Mid-Year?

If wage levels change mid-year, you may need to review salary bands, equity, and retention planning. Some workers could suddenly find their pay close to the new minimum, while others remain comfortably above it.

From a compliance standpoint, you must ensure that H-1B workers continue to receive at least the required wage. From an HR standpoint, you may need to align external wage requirements with internal fairness, promotion paths, and morale.

Compliance Essentials for LCAs, Public Access Files, and I-9 Wage Documentation

Prevailing wage anchors several compliance obligations, not just the wage itself. Labor Condition Applications, Public Access Files, and wage documentation all rely on consistent data. When you sign an LCA, you attest that you will pay at least the required wage and meet related conditions.

For LCAs, you must choose the wage source, wage level, and work location accurately. You must also post notices so workers are aware of the filing. After filing, you must maintain a Public Access File with certain core items and keep broader payroll and policy records for agency review.

On the I-9 side, wage information does not appear directly on the form, but your overall files should tell a consistent story. If your LCA and petition say you pay a certain wage, your payroll records should match.

Documentation Employers Should Keep To Prove Wage Compliance

The key documentation can be summarized as follows.

How To Distinguish Between Actual Wage and Prevailing Wage

The prevailing wage is the external legal minimum based on occupation and location. The actual wage is your internal minimum for similarly employed workers. You must pay at least the higher of these two.

If your internal salary band for a senior engineer in Dallas–Fort Worth already sits above the prevailing wage, that internal figure effectively becomes the controlling floor for your H-1B workers in that role. You cannot reduce pay to match a lower prevailing wage and remain compliant with your own LCA commitments.

Public Access File Essentials for H-1B Roles

Your Public Access File for each LCA should include:

• A copy of the certified LCA.
• A statement or documentation describing the actual wage system.
• The prevailing wage source, including data and level.
• A summary of benefits offered to U.S. and H-1B workers.
• Evidence of LCA posting.

You must keep this file at the principal place of business or at the worksite. For multi-site employers, including those with headquarters in Dallas and remote staff across Florida, you should ensure that each file is organized and can be produced quickly if requested.

Texas and South Florida Considerations

Prevailing wage planning looks different when you operate across more than one metropolitan area. Dallas–Fort Worth and Miami–Fort Lauderdale have distinct labor markets, cost profiles, and OEWS wage histories.

In Dallas–Fort Worth, technology, engineering, and logistics roles may see wage distributions shaped by a mix of regional headquarters, data centers, and financial services. In Miami–Fort Lauderdale, healthcare, hospitality, and international trade often have a larger impact on wage patterns.

Remote and hybrid work add another layer. If you hire an H-1B worker for a Dallas-based position but allow long-term remote work in another Texas county or another state, you may need to treat that location as a separate area of intended employment. That can change which OEWS dataset applies and may require separate LCAs.

Do Dallas or Fort Lauderdale Wages Differ From National OEWS Levels?

Yes. OEWS data is region specific. The national median for a particular occupation rarely matches the median in Dallas–Fort Worth or Miami–Fort Lauderdale.

You should not assume that a national salary survey, or a general online salary estimator, matches the DOL figures that control your H-1B compliance. For H-1B purposes, the OEWS and related DOL data for your specific area are what matter.

How Remote or Hybrid Worksites Affect Wage Areas in These Regions

When work is hybrid or remote, you must analyze where the work is actually performed. For example:

• A developer based in Dallas who travels occasionally to Miami may still fall under a Dallas LCA if the primary worksite is in Dallas.
• A worker hired into a Fort Lauderdale office who later becomes fully remote in another state may trigger the need for a new LCA and a separate wage analysis.

Multi-region employers should map common remote patterns and align them with LCA and prevailing wage strategies. This is especially important when you plan long-term hybrid arrangements for H-1B workers.

FAQs: Quick Answers on H-1B Prevailing Wages

How Pollak PLLC Helps Employers and Foreign Nationals Prepare for Wage Changes

At Pollak PLLC, we help employers and foreign nationals understand how prevailing wage rules affect hiring, promotions, and long-term workforce planning. Our firm works with clients across Dallas–Fort Worth and Miami–Fort Lauderdale to review job families, wage sources, potential private surveys, and budget impacts. We focus on practical strategies that align compliance with real-world market conditions.

When wage data updates in July or new rulemaking is proposed, we work with your team to map those changes onto your salary bands and cap-season plans. That can include modeling how Level I and Level II wages affect entry-level offers, deciding when to request NPWC determinations, and identifying roles where private surveys may be appropriate.

We also review your LCAs, Public Access Files, and related documentation so that your wage practices match Department of Labor rules and your internal policies. For employers building H-1B to green card pathways, we help connect prevailing wage strategies to long-term immigration planning.

When Should Employers Consult Pollak PLLC About Wage Levels or Surveys?

You should consider talking with our firm when you:

• Plan a new H-1B or PERM hiring wave in Dallas–Fort Worth or South Florida.
• Need to understand how July 1 wage updates will affect existing roles.
• Are considering using private wage surveys instead of OEWS data.
• Are evaluating how a wage-weighted lottery could change your cap-season approach.

Early consultation gives you more time to adjust job descriptions, salary bands, and internal budgets before you file.

How Pollak PLLC Approaches Budgeting and Compliance Reviews

Our firm starts with a detailed review of your job families, locations, and current compensation structures. We then overlay prevailing wage data, agency guidance, and potential rule changes to identify pressure points. From there, we work with your HR, legal, and finance teams to design a strategy that keeps your H-1B wages compliant and competitive.

If you want support in building a wage strategy that accounts for proposed increases, local OEWS data, and your hiring goals in Dallas–Fort Worth and Miami–Fort Lauderdale, you can contact Pollak PLLC to schedule a consultation and review your options.