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. Employers and sponsored workers should work closely with immigration counsel to ensure that the wage level designation accurately reflects the actual job duties and requirements. Mismatches between wage levels and job complexity remain a common basis for H-1B denials and RFEs.