Part-Time H-1B Wage Rules: Hourly Rate, LCA, and Records

Part-time H-1B employment is allowed under U.S. law, but the wage rules are strict. The core rule is simple: the employer must pay at least the higher of the actual wage or the prevailing wage, and for part-time H-1B employment this must be set as an hourly wage, not just an annual salary. The U.S. Department of Labor (DOL) wants the wage tied clearly to the number of hours actually worked.

Who can be hired in a part-time H-1B role

Any job that qualifies for a regular H-1B can, in many cases, be offered as part-time, as long as:

• The role is a specialty occupation (normally requiring at least a bachelor’s degree in a specific field).
• The employer can clearly state the number of hours per week (for example, 20 hours) and the hourly wage.
• The wage meets the required level for that job, in that city or region.

USCIS treats part-time and full-time H-1B workers the same when evaluating job level and education. The main differences are the hourly wage, the Labor Condition Application (LCA), and record keeping.

For overall H-1B rules, USCIS explains the basics on its H-1B specialty occupations page: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations.

How the hourly wage must be calculated

Employers must pay at least:

• The actual wage: what the employer pays other workers in the same job with similar experience, or
• The prevailing wage: the typical wage for that occupation in that geographic area, determined by DOL sources or a valid wage survey.

For part-time H-1B employment, this must be expressed as an hourly wage. Employers cannot simply state a yearly salary (e.g., “$60,000 per year”) and reduce hours without adjusting the hourly rate so it remains at or above the required wage.

Example calculation:

So, if the prevailing wage for a software developer is $100,000/year (full-time), the employer must still pay at least $48.08 per hour for a 20-hour-per-week role. They cannot just halve the salary and reduce the hourly rate.

Important: Always convert prevailing and actual wages to an hourly basis for part-time H-1B roles.

Minimum salary vs. prevailing wage for part-time workers

The commonly cited H-1B “$60,000” figure is misleading for part-time roles. For part-time workers, agencies focus on the hourly equivalent of the prevailing wage, not a fixed annual floor.

Key points:

• If the prevailing wage converts to more than $60,000/year at full time, the hourly wage must reflect that higher rate.
• If the prevailing wage is below $60,000/year, the employer must still pay the higher of the prevailing wage or actual wage, converted to an hourly rate.

According to analysis by VisaVerge.com, many compliance problems arise not from obvious underpayment on paper, but from incorrect internal calculations when converting prevailing wage data to an hourly rate.

Record keeping duties for part-time H-1B employers

DOL rules require careful record keeping for part-time H-1B staff. Even if a worker receives a fixed salary, employers must:

• Track hours worked each day and each week.
• Keep those records for at least one year after employment ends.
• Ensure payroll records match the hours claimed on the LCA and H-1B petition.

These records are crucial during wage audits or investigations. If an employer lists a range of hours (e.g., 20–30 hours/week), they must be able to prove actual hours worked and paid.

Labor Condition Application (LCA) requirements

Before filing an H-1B petition, the employer must submit a Labor Condition Application using Form ETA-9035/9035E to the DOL. The form and guidance are on the DOL site: https://www.dol.gov/agencies/eta/foreign-labor/forms.

For part-time H-1B employment, the LCA must:

• Clearly state the hourly wage rate.
• List the part-time hours (either a fixed number or a range).
• Include an attestation that the worker will be paid at least the higher of the actual wage or prevailing wage for all hours worked.

The LCA then supports the H-1B petition filed with USCIS on Form I-129: https://www.uscis.gov/i-129.

Amended petitions when hours change

If an H-1B worker moves from full-time to part-time or vice versa, the employer typically must file an amended H-1B petition with USCIS. The amended filing should include:

1. A new LCA reflecting the updated hours and hourly wage.
2. A clear explanation of the change in the job’s workload.

Failure to file an amended petition for a significant hours change can create serious risks: the worker’s H-1B status could be questioned and the employer could face wage penalties if pay no longer meets requirements.

Concurrent part-time H-1B jobs

A person in H-1B status may hold more than one part-time H-1B job concurrently. Each employer must:

• File its own Form I-129 with USCIS.
• File and post its own LCA.
• Pay at least the required hourly wage for the hours worked in that job.

Example: a software engineer could work 20 hours/week for one company and 10 hours/week for another, provided each employer has an approved H-1B petition and pays the proper prevailing-wage-based hourly rate.

Income, living expenses, and family support

Part-time wages may not cover all living costs in the U.S. 🇺🇸, particularly in high-rent areas. In such cases, workers may need to demonstrate:

• Income from concurrent H-1B employment.
• Household income (for example, a spouse’s earnings).
• Savings or other financial support.

There is no single rule that H-1B salary must cover every expense, but consular officers and USCIS may assess the total financial picture if wages seem unrealistically low for the claimed living situation.

Pay for nonproductive time

If the H-1B petition lists a range of hours (for example, 15–25 hours/week), and the worker is ready and available to work, the employer must pay for at least the average number of hours normally worked, even if some time is nonproductive.

Nonproductive time can include:

• Lack of assigned work.
• Waiting for a project to start.
• Temporary shutdowns while still employed.

This rule prevents employers from listing part-time work on paper but leaving H-1B workers unpaid for long periods while they remain on the payroll.

Key takeaway: For part-time H-1B roles, always convert required wages to an hourly basis, document actual hours worked carefully, and file or amend LCAs and petitions whenever hours or wage terms materially change.