DOL Proposes H1B Prevailing Wage Salary Increase 2026: PERM EB-3 Sponsors Face $14K Hike

On March 26, 2026, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking (NPRM) that would substantially increase prevailing wage requirements for key employment-based immigration programs, including H-1B, H-1B1, E-3, and PERM labor certifications used in EB-2 and EB-3 green card sponsorships. The proposed rule revises how the four-tier wage structure is calculated using Bureau of Labor Statistics Occupational Employment and Wage Statistics (OEWS) data, shifting each level significantly upward across the wage distribution. Under the proposal, Level I wages would rise from approximately the 17th to the 34th percentile, Level II from the 34th to the 52nd percentile, Level III from the 50th to the 70th percentile, and Level IV from the 67th to the 88th percentile. DOL's stated rationale is to better align required wages with those actually paid to similarly employed U.S. workers and to prevent the use of lower-paid foreign labor as a substitute for domestic workers. DOL estimates that average certified wages could increase by approximately $14,000 per worker per year, though impacts will vary widely by occupation, location, and wage level. Employers in sectors such as healthcare, utilities, universities, and research institutions — which rely heavily on early-career H-1B and PERM-sponsored professionals — are expected to feel the most significant effects. Positions covered by a Collective Bargaining Agreement (CBA) would not be directly impacted, as CBA wages continue to serve as the prevailing wage for those roles. For EB-3 sponsors specifically, this proposal could meaningfully affect both new and in-progress PERM labor certifications, particularly where offered wages were calibrated under current wage levels. Employers should begin assessing the impact on future PERM filings, internal pay equity structures, and immigration budgets before the rule is finalized. The proposed rule is open for public comment and is not yet final. Employers are encouraged to consult with immigration counsel to evaluate exposure and consider submitting comments during the rulemaking period to address sector-specific concerns.