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This document provides instructions for completing the Actual Wage Determination Form necessary for H-1B visa applications, detailing the requirements for listing employee information, exclusions,

How to fill out actual wage determination form

How to fill out Actual Wage Determination Form H-1B

1. Obtain the Actual Wage Determination Form H-1B from the Department of Labor's website.
2. Fill out the employer's information section with the company's name, address, and contact details.
3. Specify the job title and the employment location where the H-1B worker will be employed.
4. List the wage rate offered to the H-1B worker, ensuring it meets or exceeds the prevailing wage.
5. Include a breakdown of the wage components if applicable (e.g., base wage, bonuses, commissions).
6. Provide information about other employees in similar positions, including their wages, to demonstrate compliance with the actual wage requirement.
7. Sign and date the form, certifying the accuracy of the information provided.
8. Submit the completed form with the H-1B petition to the United States Citizenship and Immigration Services (USCIS).

Who needs Actual Wage Determination Form H-1B?

1. Employers seeking to hire foreign workers on H-1B visas need to fill out the Actual Wage Determination Form H-1B.
2. Employers must demonstrate the actual wage offered to H-1B workers alongside their prevailing wage requirement.

People Also Ask about

Is H-1B selection based on salary?

“USCIS will rank and select the petitions received on the basis of the highest Occupational Employment Statistics (OES) wage level that the proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code in the area of intended employment, beginning with OES wage level IV and

Does H-1B require prevailing wage determination?

Employers are required to pay H-1B workers a minimum prevailing wage to ensure that hiring foreign workers does not negatively impact local ones.

How are H-1B salaries determined?

In addition, the H-1B, H-1B1, and E-3 programs require the employer to pay the prevailing wage or the actual wage paid by the employer to workers with similar skills and qualifications, whichever is higher.

What is the actual wage memo for LCA?

The actual wage is to be the wage rate paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question. The DOL requires that, for an LCA, the employer document how it calculated the actual wage for the specified occupation.

What is the rule for H-1B wage?

A key part of the H-1B process is the prevailing wage requirement, which ensures employers pay foreign workers at least the higher of the prevailing wage or the actual wages paid to similar U.S. employees. This rule is designed to prevent wage suppression and protect the domestic workforce.

How are H-1B salaries determined?

In addition, the H-1B, H-1B1, and E-3 programs require the employer to pay the prevailing wage or the actual wage paid by the employer to workers with similar skills and qualifications, whichever is higher.

What is the actual wage?

The term 'actual wage' refers to what employees take home after all additions and deductions have been accounted for. It encompasses not just base salary or hourly pay but also bonuses, overtime payments, commissions, or tips — any form of compensation received by the worker.

How to determine wage level for H-1B?

H1B Wage Levels are defined by the US Department of Labor (DOL). They are based on the prevailing wage data collected under the Occupational Employment Statistics(OES) Program, which is based on location, job title, experience, and a few other criteria.

For pdfFiller’s FAQs

What is Actual Wage Determination Form H-1B?

The Actual Wage Determination Form H-1B is a form used by employers to report the actual wage paid to H-1B workers. It is part of the Labor Condition Application process and ensures that the wages of H-1B employees meet or exceed the prevailing wage standards.

Who is required to file Actual Wage Determination Form H-1B?

Employers petitioning for H-1B visas on behalf of foreign workers are required to file the Actual Wage Determination Form H-1B as part of the Labor Condition Application submitted to the Department of Labor.

How to fill out Actual Wage Determination Form H-1B?

To fill out the Actual Wage Determination Form H-1B, employers need to provide details about the employee's wage, job title, and job location, along with other employment terms. The employer must ensure accuracy in representing the actual wage paid to similar employees in the same occupational category.

What is the purpose of Actual Wage Determination Form H-1B?

The purpose of the Actual Wage Determination Form H-1B is to document and verify that the wages paid to H-1B workers are in compliance with federal regulations, ensuring that they are not paid less than U.S. workers in comparable positions.

What information must be reported on Actual Wage Determination Form H-1B?

The information that must be reported includes the actual wage offered to the H-1B employee, the job classification, the location of employment, the duration of the employment, and the employer's name and contact information.