The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) to revise how prevailing wages are calculated for employment-based immigration programs, including H‑1B, H‑1B1, E‑3, and PERM (EB‑2/EB‑3). The rule aims to align wages with labor market data and strengthen protections for U.S. workers.
Key Highlights:
- Prevailing wage levels will increase: Level I (~17th → 34th percentile), Level II (~34th → 52nd), Level III (~50th → 70th), Level IV (~67th → 88th)
- Programs affected: H‑1B, H‑1B1, E‑3, PERM (EB‑2/EB‑3)
- Effective for new applications only; existing certifications will not be reopened
- Economic impact: Estimated $14,000 increase per certified position on average
Why it matters:
- Ensures foreign worker wages reflect education, experience, and responsibility
- Reduces wage suppression and protects U.S. workers
- Strengthens program integrity and compliance
Public comments: Accepted for 60 days via regulations.gov, Docket No. ETA‑2026‑0001
The Law Offices of Luke Bowman will continue to monitor these developments and provide updates. If you have questions about how this may affect your organization or immigration matters, or if you would like a case-specific assessment, please book an appointment here
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If you have any questions or concerns about the information provided above, please don’t hesitate to contact us.
Sincerely,
Luke Bowman
The Law offices of Luke Bowman