DOL Proposed Rule Would Increase Wage Levels for H-1B Visas, PERM Labor Certifications

The U.S. Department of Labor (DOL) has introduced a proposed rulemaking that would raise the prevailing wage levels required for both H-1B visa petitions and PERM labor certification applications. This move is part of ongoing efforts to better align immigration wage requirements with current market compensation standards. For EB-3 applicants and their sponsoring employers, this proposed rule carries significant implications. PERM labor certification is a mandatory step in the EB-3 green card process, and higher prevailing wage requirements could increase the financial burden on employers seeking to sponsor foreign workers. Companies may need to reassess their compensation structures to remain compliant if the rule is finalized. The proposed wage increases would affect multiple wage levels used in the DOL's prevailing wage system, which is based on occupational data from the Bureau of Labor Statistics. Employers sponsoring EB-3 workers in skilled and professional categories would likely face higher minimum salary obligations during the PERM process. Stakeholders, including employers, immigration attorneys, and affected workers, typically have an opportunity to submit public comments during the rulemaking process before any final rule takes effect. EB-3 applicants currently in the pipeline or planning to begin the process should consult with their employers and legal counsel to assess potential impact.