Question details
If an H-1B holder whose petition was approved under the previous lottery system moves to a higher-wage area where their current salary only meets Level 1 requirements, can they maintain their status without increasing their pay?
ANSWER
FAQ Transcript
This is strongly discouraged. Regardless of how the original lottery was conducted, an H-1B worker's salary must meet or exceed the prevailing wage for their actual work location. Reclassifying a role from Level 2 to Level 1 simply to match a higher prevailing wage in a new location is heavily scrutinized by USCIS and difficult to justify.