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This document outlines the requirements and process for determining the salary for H-1B and E-3 employees, including comparisons to prevailing and actual wages in compliance with U.S. Department of
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How to fill out Determining an H-1B/E-3 Employee’s Salary and the Actual Wage

01
Gather all necessary documentation related to the job position.
02
Research the prevailing wage for the specific occupation in the geographic area.
03
Determine the actual wage paid to similarly employed workers in the same location.
04
Compare the prevailing wage with the actual wage to ensure compliance.
05
Fill out the Determining an H-1B/E-3 Employee’s Salary and the Actual Wage form with the appropriate information.
06
Review the completed form for accuracy before submission.

Who needs Determining an H-1B/E-3 Employee’s Salary and the Actual Wage?

01
Employers seeking to hire H-1B or E-3 visa workers.
02
HR professionals involved in hiring foreign workers.
03
Legal advisors specializing in immigration and employment law.
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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.
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.
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.

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Determining an H-1B/E-3 Employee’s Salary and the Actual Wage involves establishing the salary that an employer will pay an H-1B/E-3 worker, which must be comparable to the wages of other similarly employed workers in the same geographical area to ensure compliance with labor regulations.
Employers seeking to hire foreign professionals under the H-1B or E-3 visa categories are required to file this determination as part of the Labor Condition Application (LCA) process.
To fill out this determination, employers must gather data on prevailing wages for the position, ensure consistency in job descriptions, and complete the necessary sections of the Labor Condition Application form, providing the appropriate salary figures based on the prevailing wage information.
The purpose is to protect U.S. workers by ensuring that foreign workers are not paid less than the prevailing wage for the same position, thereby helping to maintain fair labor standards and wage integrity in the job market.
The report must include the offered salary, the prevailing wage for the same occupation and geographic area, job title, employer's labor condition, and a statement confirming no wage discrimination practices are employed.
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