What is the LCA wage level?
Before filing an H-1B petition, the employer files a Labor Condition Application (LCA) with DOL. On it, the employer picks a prevailing wage level based on the job's requirements: education, years of experience, special skills and supervisory duties. A job that asks for a master's degree and five years of experience usually maps to a higher level than an entry-level role. That level sets the minimum the employer must pay.
What is the lottery wage level?
For the weighted selection, the registration reports the highest OEWS level that the offered salary equals or exceeds, for the SOC code and work location. It is about what the employer actually offers, not about the job's minimum requirements.
Can they be different?
Yes. If a job's requirements put its LCA minimum at Level II, but the employer offers a salary above the Level III wage for that area, the registration can be at Level III and get three entries. The reverse doesn't work: an employer can't pay below the LCA level it must meet.
| LCA level | Lottery level | |
|---|---|---|
| Decided by | Job requirements | Offered salary |
| Purpose | Minimum legal pay | Number of lottery entries |
| Can be higher than the other? | No: it is the floor | Yes, if the salary is above the floor |
Does the registration have to match the petition later?
Yes. DHS built the rule so the petition filed after selection has to support the wage level claimed at registration. If the salary or job on the petition no longer supports that level, USCIS can deny or revoke. Register at the level the employer will really pay.
Who decides the SOC code?
The employer, usually with its immigration attorney. The SOC code must match the actual duties. Choosing a code because its wage levels are lower is not a legitimate strategy.
Sources
- DHS final rule: Weighted Selection Process (90 FR 60864)
- Congressional Research Service: Prevailing wage requirements for H-1B workers
- 20 CFR 655.715: definitions (place of employment, area of intended employment)
Not legal advice. Confirm your situation with your employer or an immigration attorney.