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Prevailing wage and H1B visa

Boca Raton, FL |

This is my 1st time applying for H1B visa. My employer is offering salary which is about 15% less than current prevailing wage/ hour in this area. What are my chances of getting this approve or shall I ask for the match?Appreciate your help!

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Attorney answers 4


You have to be paid100% of the prevailing wage.

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No, the employer is required to pay 100% of the prevailing wage. Otherwise, it will be denied.

Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact immigration attorney Gintare Grigaite, Esq. for a free consultation about new Immigration Reform policies. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


The offered salary must be 100% or higher of the prevailing wage otherwise the Labor Condition Application (LCA) will not be approved. H-1B and LCA related issues can often be complex so you should consult an immigration attorney to discuss this further.

Akanksha Kalra, Attorney at Law: 215-542-4905 or Disclaimer: The information provided here is generalized and should not be relied upon as legal advice. This communication does not create an attorney-client relationship.


Without the employer agreeing to pay the prevailing wage the chances of approval are zero. You attorney should be explaining this to you and if you don't have counsel, now would be the time to retainer an attorney. H-1B mistakes can be very expensive and sometimes impossible to correct.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.