Does my employer have to pay the prevailing wage?

For H-1B, E-3, and H-1B1 workers the employer's LCA legally commits them to pay at least the prevailing wage for your role and area. The required wage is the higher of the prevailing wage and what the employer pays similar U.S. workers.

prevailing wage · DOL OFLC 2026-27

Waiters and Waitresses prevailing wage in Brownsville-Harlingen, TX

The official U.S. Department of Labor prevailing wage for Waiters and Waitresses (SOC 35-3031) in Brownsville-Harlingen, TX, by experience level. This is the legal wage floor an H-1B / E-3 / H-1B1 employer commits to on the LCA, and the benchmark behind PERM green-card and OPT offers.

Level I

$15,725

$7.56/hr

Level II

$21,008

$10.10/hr

Level III

$26,270

$12.63/hr

Level IV

$31,554

$15.17/hr

Waiters and Waitresses prevailing wage levels in Brownsville-Harlingen, TX
level	per year	who it applies to
Level I	$15,725	entry-level — routine tasks under close supervision (≈17th percentile)
Level II	$21,008	qualified — moderately complex tasks (≈34th percentile)
Level III	$26,270	experienced — independent judgment (≈50th percentile)
Level IV	$31,554	fully competent — lead/expert (≈67th percentile)

Check your offer against this wage →

How to use this

Find the level that matches the experience required for the role (be honest — it sets your floor), then compare it to the salary you’re offered. If your offer is below the level that fits the job, that’s a negotiating signal — and for H-1B/E-3/H-1B1, paying below the prevailing wage violates the LCA the employer signed.

Source: DOL OFLC prevailing wage data (2026-27). Levels ≈ 17/34/50/67th percentiles of the OEWS distribution. Educational, not legal advice — verify on flag.dol.gov.