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IMPORTANT: Our professors analyze whether the wage level designated at the time of filing is appropriate for the position based on the complexity of the job duties. We do not provide alternate wage survey details for occupations from independent surveys.
 
When filing a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL) for an H-1B or E-3 position, the prevailing wage framework generally classifies positions into four wage levels based on factors such as the experience required, level of supervision, complexity of duties, and degree of independent judgment exercised by the employee.
 
Wage Level I generally applies to entry-level positions in which employees perform duties under closer supervision and exercise comparatively limited independent judgment. Wage Levels II, III, and IV reflect progressively greater experience, responsibility, complexity, and independence. The appropriate wage level is therefore determined by the characteristics of the specific position and its duties.
 
In certain cases, a petitioner may receive a Request for Evidence (RFE) questioning whether a position offered at a lower wage level qualifies as a specialty occupation. However, a wage level and specialty occupation status address different aspects of a position. A position may involve entry-level duties while still requiring the theoretical and practical application of highly specialized knowledge and a minimum of a bachelor’s degree in a specific specialty. The fact that a position is classified at Wage Level I does not, by itself, determine whether it qualifies as a specialty occupation.
 
Our experts can provide a Wage Level Analysis addressing whether the wage level designated for the position is consistent with its duties, level of responsibility, complexity, supervision, and degree of independent judgment.