Crescent Law, PLLC | Prevailing Wage
Seattle H-1B Prevailing Wage and Wage Level Guide
The prevailing wage sets the salary floor for an H-1B position. In the Seattle area, employers should confirm the SOC code, wage level, worksite, and actual wage before filing the LCA.
What Is the H-1B Prevailing Wage in Seattle?
The H-1B prevailing wage is the wage floor for a specific occupation, wage level, and area of intended employment. For Seattle-area filings, the wage analysis usually turns on the SOC code, the actual job duties, the worksite, and whether the role is Level 1, Level 2, Level 3, or Level 4. Employers must offer H-1B workers at least the prevailing wage or the actual wage paid to similarly employed workers, whichever is higher.
The Seattle-Bellevue-Tacoma labor market can produce higher wage obligations than lower-cost regions, especially for software developers, data scientists, product roles, engineering positions, and other technical occupations. A generic salary article or national average should not be used as the filing basis. The wage should be checked against DOL data and documented before the LCA is filed.
The Four Prevailing Wage Levels
| Level | Description | Typical Experience |
|---|---|---|
| Level 1 (Entry) | Workers who have a basic understanding of the occupation. Perform routine tasks under close supervision. | 0 to 2 years |
| Level 2 (Qualified) | Workers who have attained competency and can perform moderately complex tasks with limited supervision. | 2 to 5 years |
| Level 3 (Experienced) | Workers who have a sound understanding and can plan and complete work independently, resolving most issues. | 5 to 8 years |
| Level 4 (Fully Competent) | Workers who use advanced skills and may lead and mentor others. Expected to set objectives and resolve complex problems. | 8+ years |
Level
Level 1 (Entry)
Description
Workers who have a basic understanding of the occupation. Perform routine tasks under close supervision.
Typical Experience
0 to 2 years
Level
Level 2 (Qualified)
Description
Workers who have attained competency and can perform moderately complex tasks with limited supervision.
Typical Experience
2 to 5 years
Level
Level 3 (Experienced)
Description
Workers who have a sound understanding and can plan and complete work independently, resolving most issues.
Typical Experience
5 to 8 years
Level
Level 4 (Fully Competent)
Description
Workers who use advanced skills and may lead and mentor others. Expected to set objectives and resolve complex problems.
Typical Experience
8+ years
How to Obtain a Prevailing Wage Determination
Identify the Correct SOC Code
Match the H-1B position's duties to the most appropriate SOC code using the Bureau of Labor Statistics Occupational Outlook Handbook or O*NET. The selected code must accurately reflect the job duties, not just the job title.
Determine the Appropriate Wage Level
Assess the job requirements including education, experience, supervision level, and complexity to determine the appropriate wage level (1 through 4). USCIS may challenge a Level 1 wage for positions described as requiring significant experience or independent judgment.
Submit a Prevailing Wage Request
File Form ETA-9141 with the National Prevailing Wage Center (NPWC). Include a detailed description of the job duties. The NPWC will issue a prevailing wage determination typically within several months.
Use the Determination in the LCA
Once the prevailing wage determination is received, use it when filing the Labor Condition Application. The offered wage must meet or exceed the prevailing wage stated in the determination.
Review the Required Wage Before Filing
If the SOC code, worksite, wage level, or actual wage comparison is unclear, Crescent Law can review the required wage issue before the LCA is filed.
Seattle's High Prevailing Wages
The Seattle-Bellevue-Tacoma MSA consistently ranks among the highest prevailing wage areas in the country, particularly for technology occupations such as software developers, data scientists, and IT managers. Employers should plan their compensation budgets accordingly and consult current wage data before committing to a salary offer for an H-1B position.
Search the Wage Level Before the Offer Is Final
For Seattle H-1B roles, the safest sequence is duties first, SOC code second, wage level third, then offer and LCA strategy. This is especially important for software engineer, data, product, research, and hybrid roles where the title may not capture the actual work.
SOC Code Selection Matters
Selecting the wrong SOC code can create problems throughout the H-1B process. If the code does not accurately reflect the position's duties, USCIS may issue an RFE or deny the petition. Conversely, selecting a code with unnecessarily high wage requirements can increase costs. Take time to carefully match duties to the correct classification, especially for hybrid or emerging roles common in the Seattle tech industry.
Review a Seattle H-1B Prevailing Wage Issue
Matty Luna at Crescent Law, PLLC helps Seattle employers and professionals review prevailing wage, SOC code selection, wage-level strategy, LCA compliance, and related H-1B salary questions.
Frequently Asked Questions
Can I use the Foreign Labor Certification Data Center instead of requesting a prevailing wage determination?
How do I find the Seattle H-1B wage level for a role?
Is the prevailing wage the same as the actual wage?
What happens if the employer pays below the prevailing wage?
How often do prevailing wages change?
Does the prevailing wage include benefits and bonuses?
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