Originally Posted: 5/21/2026
The U.S. Department of Labor (DOL) has proposed a rule revising how prevailing wages are set for Labor Condition Applications (LCAs) and Prevailing Wage Determinations for labor certifications (PERMs). The rule was published on March 27, 2026 and includes a 60-day public comment period, which ends May 26, 2026.
The proposal maintains the current four-level wage structure, but raises the wage benchmarks relying on OEWS data in the following ways:
- Level I: increases from the 17th to the 34th percentile
- Level II: increases from ~34th to ~52nd percentile (formula-based)
- Level III: increases from ~50th to ~70th percentile (formula-based)
- Level IV: increases from the 67th to the 88th percentile (or higher in certain cases)
Importantly, alternative wage surveys are still permitted, as long as they meet regulatory requirements.
This proposal follows a broader policy trend in the Trump administration’s favoring of higher pay requirements for employment-based immigration sponsorship.
If finalized, the rule would impact pending prevailing wage requests as of the effective date. It would impact LCAs filed on or after the effective date. Due to timing, 2026 H-1B cap filings (FY2027) remain unaffected.
The final rule could be issued as early as Summer 2026, with litigation anticipated. We will continue to monitor. The American Immigration Lawyers Associate writes: “OFLC has not indicated yet when the new Job Zones will be incorporated into its systems and processes. It is assumed that the changes will be implemented when the prevailing wage data is next updated in FLAG on July 1st.”
Given the impact of this rule, our firm has submitted a comment in opposition. Our full comment is available below. We encourage stakeholders to do the same.
Instructions for Submitting Comments on Proposed Rulemaking
The rulemaking process provides an opportunity for individuals, businesses, and other concerned parties to influence new rules by expressing their concerns, questions, and issues during the notice and comment period. Before publishing a final rule, the agency must review and respond to each unique comment, including making any necessary clarifications or changes to the final rulemaking. Follow the instructions below if you wish to submit a comment expressing concern or support for any aspect of this rulemaking.
To submit a comment on this rulemaking, visit: https://www.regulations.gov.
- Enter the docket number into the search bar: ETA-2026-0001
- Scroll to find the proposed rule titled, “Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States” and click “Comment”.
- Enter your comment into the text box or upload a file.
Tips for drafting an effective comment – include the following in your submission:
- Introduction explaining why you are interested in the regulation and your experience on the subject;
- Background clarifying the part of the regulation you are commenting on;
- Analysis of your argument or comments and discussion of supporting evidence;
- Recommendations describing your suggestions; and
- Conclusion recapping your main arguments and recommendations.
