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DOL raises prevailing wage levels

Proposed rule; comments closed, final rule pending
Updated May 26, 2026 H-1BPERM

DOL proposes moving the four prevailing wage levels from the 17th/34th/50th/67th percentiles of OEWS data to the 34th/52nd/70th/88th. Applies to H-1B, H-1B1, E-3 and PERM (EB-2/EB-3) filings made after the effective date; already-approved PWDs, LCAs and labor certifications are not affected. Comment period closed May 26, 2026. No final rule yet.

中文DOL 提议把 prevailing wage 四个等级从 OEWS 数据的第 17/34/50/67 百分位提高到第 34/52/70/88 百分位,适用于生效日之后提交的 H-1B、H-1B1、E-3 和 PERM(EB-2/EB-3)申请;已批准的 PWD、LCA 和 labor certification 不受影响。评论期已于 2026 年 5 月 26 日结束,最终规则尚未发布。

Timeline

  1. DOL press release announcing the NPRM
  2. NPRM 'Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals' (RIN 1205-AC30, Docket ETA-2026-0001); comments through May 26, 2026
  3. Comment period closed

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