Actual Wage Calculation Form
H-1B Processing - Actual Wage Form
Explanation : Before an employer may submit an H-1B petition on behalf of an employee, U.S. law requires that the employer document that the employee will be paid the higher of the “ actual or prevailing wage” for the position. The employee will be considered to be receiving the “actual or prevailing wage” if his/her salary falls within (or above) the range of wages currently paid to comparable employees in the same department. The prevailing wage is determined by using the ACWIA Education Industry database or the union contract scale for positions governed by a collective bargaining agreement. Comparable employees are defined as those with similar background and similar job responsibilities.
To document the actual wage, the Department Head is requested to list all other persons currently employed in the department with the same job classification as the potential H-1B employee on the Actual Wage Form. The next step is to indicate which of the employees are considered comparable. If they are not comparable, specify why. (Please be specific.) If the prospective H-1B employee’s salary does not fall within or above the range of salaries of the comparable employees, the university will not be able to submit an H-1B petition on behalf of this employee and he/she may not be employed by University of Alaska Fairbanks . If the department expects to have more than one H-1 employee, it is requested that the same criteria for comparison be used for each Actual Wage Calculation.
The U.S. Department of Labor has ruled that only certain criteria may be used to eliminate other employees from comparison.
Valid criteria (for stating employee is not comparable):
- Employee has more relevant work experience than H-1 employee
- Employee has more responsibility than H-1 employee
- Employee has better educational credentials than H-1 employee (including degree from more “prestigious” institution)
- Employee does not work same number of hours
- Funded by different grant
- Different area of research
- Employee demanded more salary
- UAF salary freeze (past or present) resulted in different pay
If there are any questions, please contact the International Advisor.