EB-3 Immigration FAQ

The Department of Labor published a proposed rule on March 27, 2026 that would significantly raise prevailing wage floors for PERM labor certification and H-1B programs. Under the proposal, Level I wages would rise from the 17th to the 34th percentile, Level II from the 34th to the 52nd, Level III from the 50th to the 70th, and Level IV from the 67th to the 88th percentile of the Occupational Employment and Wage Statistics (OEWS) data.

For EB-3 applicants, the prevailing wage set during PERM labor certification determines the minimum salary your employer must offer. The proposed increases would roughly double the minimum thresholds at the lower wage levels, meaning employers sponsoring EB-3 workers would need to offer significantly higher salaries to obtain PERM approval after the rule takes effect.

After a 60-day public comment period, the rule could be finalized as early as summer 2026, with an effective date approximately 30 days after finalization. Importantly, previously approved Prevailing Wage Determinations (PWDs) and certified PERM applications would not be affected retroactively. However, any PWD applications pending as of the effective date would be subject to the new wage levels.

DOL describes this as an effort to better align immigration wage requirements with current market compensation standards. A nearly identical rule was proposed during the first Trump administration in 2021 but was struck down by federal courts and later withdrawn. Legal challenges to this new proposal are widely anticipated, and its ultimate outcome remains uncertain.

Employers with planned EB-3 PERM filings should assess whether their offered wages meet the proposed higher thresholds and consider advancing filings before the rule becomes effective. Consulting with immigration counsel now is strongly advised to evaluate timing strategies, review current prevailing wage determinations, and decide whether accelerating pending filings is appropriate.

Yes, the proposed rule explicitly states that Alternative Wage Surveys would still be permitted under the new framework. This means employers who believe independent wage survey data better reflects local market conditions may still be able to use those surveys to support their PERM applications.

Senator Markwayne Mullin of Oklahoma was confirmed by the Senate in a 54-45 vote on March 23, 2026 and sworn in as DHS Secretary the following day, overseeing USCIS, ICE, and CBP. Leadership transitions at DHS can precede shifts in enforcement priorities and adjudication trends, though no specific policy changes affecting EB-3 processing have been announced yet. EB-3 applicants should monitor USCIS guidance in the coming weeks.