DOL Revisits Prevailing Wage Rule for PERM and H-1B; New DHS Secretary Sworn In

The Department of Labor has resubmitted a proposed rule to the Office of Management and Budget that could significantly revise prevailing wage requirements for H-1B, H-1B1, E-3, and PERM programs. While the specific contents have not yet been made public, the proposal is expected to revisit structural changes to the wage tier system, potentially increasing required wage levels. This follows a similar 2021 effort that was withdrawn after legal challenges. For employers sponsoring workers through PERM-based employment-based immigration—including EB-3—revised prevailing wage calculations could materially increase labor costs and affect long-term workforce planning. Employers are advised to monitor the rulemaking process and prepare to participate in the public comment period once the proposal is formally published. Senator Markwayne Mullin of Oklahoma was confirmed by the U.S. Senate in a 54-45 vote on March 23, 2026, and sworn in as Secretary of Homeland Security the following day. He now oversees USCIS, ICE, and CBP, succeeding former Secretary Kristi Noem. Leadership transitions at DHS historically precede shifts in enforcement priorities, adjudication trends, and regulatory direction. Separately, USCIS has confirmed the H-2B cap for the second half of FY 2026 has been reached, with March 10, 2026 as the final receipt date for new cap-subject petitions. Supplemental visa allocations for the second and third tranches remain open for employers who were not selected under the standard cap.