[Deusdies]

> The Immigration and Nationality Act (INA) requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of U.S. workers comparably employed. To comply with the statute, the Department's regulations require that the wages offered to a foreign worker must be the prevailing wage rate for the occupational classification in the area of employment.

The prevailing wage rate is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.

https://www.foreignlaborcert.doleta.gov/wages.cfm

[elliotec]

Very interesting. It seems that violations of this law are probably quite often unreported and/or unenforced.

[Naritai]

Not really. "prevailing wage" doesn't mean average wage at that company, it means the wage that posted on the Department of Labor website as the minimum wage for that county.

The posted prevailing wage for an EE with 5 years in Santa Clara county, for example, is about $70k (or at least it was back in 2009); so if H1Bs are paid more than that is compliant with the law.