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U.S. Labor Department Sets Wage Rules for H-1B Visa Hiring

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U.S. Labor Department Sets Wage Rules for H-1B Visa Hiring

The U.S. Department of Labor has published new wage requirements that employers must adhere to when hiring foreign nationals under employment-based visa programs, including the H-1B category.

According to the Immigration and Nationality Act (INA), hiring foreign workers should not adversely affect the wages or working conditions of American workers. Employers are required to offer at least the prevailing wage for the relevant occupational category in the area of employment.

They can determine this wage by submitting a request to the National Prevailing Wage Center (NPWC) or using the OFLC Wage Search tool. The prevailing wage obligation applies to most employment-based visa programs, including H-1B, H-1B1, and E-3, which require employers to pay the higher of the prevailing wage or the actual wage paid to comparable workers at the same company.

The NPWC has been accepting wage determination requests since January 4, 2010. This framework aims to prevent the undercutting of local pay standards.

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