H-1B Wage Levels in 2026: Level 1 Positions Face Increased Scrutiny

H-1B Level 1 wage positions are reportedly under increased scrutiny in 2026, according to immigration law firm Reddy Neumann Brown. Level 1 wages represent entry-level positions requiring only basic understanding of the occupation, and have historically been a point of contention in H-1B adjudications. USCIS and DOL have periodically challenged H-1B petitions where the prevailing wage level does not appear to match the complexity of duties described. Employers sponsoring H-1B workers at Level 1 wages may face Requests for Evidence (RFEs) questioning whether the position truly qualifies as entry-level given the job requirements. For EB-3 applicants, this development is tangentially relevant as many workers transition from H-1B status to permanent residence through the EB-3 category. Increased scrutiny of H-1B wage levels could affect the pipeline of workers seeking to adjust status through employment-based green card categories. Mismatches between wage levels and job complexity remain a common basis for H-1B denials and RFEs.