Know About the DOL Regulation Hiking Prevailing Wages and Ramifications on H1B Visa Holders


If your business currently employs or is planning to employ H-1B workers, it’s best to seek help from an H1B visa lawyer in NYC. The most recent changes are making it harder for businesses to hire and retain foreign talent. A NY H1B lawyer can explain these changes to you and advise you on the best way to proceed.


Regulations surrounding the H-1B visa category have always been dynamic and quick to change. First, there was talk about limiting the issuance of H-1B visas, and now, prevailing wage levels are being hiked by about 30%--and in some cases by as much as 45% in the case of salaries for computer-related occupations (according to the National Foundation for American Policy). Combine this with stricter guidelines by the Department of Homeland Security and it’s easy to see why qualifying for an H-1B visa is much harder than ever. An H1B attorney in New York can help you.


The new rules increase wages in all four levels of the wage distribution. Level 1 increases from the 17th percentile to the 45th, Level 2 from the 34th to the 62nd, Level 3 from the 50th to the 78th, and Level 4 from the 67th to the 95th.


The numbers for New York are unavailable as of this writing, but for context, let’s see how much the wages for software developers and software engineers will change in a state like Texas, on average:

Level 1: From $61,901 to $91,624

Level 2: From $80,766 to $119,059

Level 3: From $99,632 to $146,494

Level 4: From $118,498 to $173,930


It’s easy to see why the hike is seeing strong opposition from small businesses and startup communities. In fact, the Small Business Administration is seeking a delay in implementation, saying that the new rule makes it impossible for startups and smaller companies who depend on foreign talent to hire the people they require. If you have the same concerns, it’s best to consult with an H1B lawyer in New York as early as now so you can better position your business for the changes ahead.  


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