EB-3 Visa Update April 2026: DOL Proposes Major Prevailing Wage Hikes for PERM

The Department of Labor (DOL) issued a Notice of Proposed Rulemaking (NPRM) on March 27, 2026, proposing significant increases to prevailing wage levels for the H-1B, H-1B1, E-3, and PERM employment-based visa programs. The proposal would realign all four wage tiers upward within the Occupational Employment and Wage Statistics (OEWS) survey distribution, ranging from the 34th to 88th percentile, compared to the current 17th to 67th percentile range. Specifically, the four wage levels would shift as follows: Level I 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. The DOL estimates this will raise average wages by approximately $14,000 per worker annually, with the largest increases affecting entry-level and mid-level positions. The rule is driven by Presidential Proclamation No. 10973 and DOL's stated goal of ensuring foreign national wages do not undercut comparable U.S. workers. For EB-3 (and EB-2) PERM sponsorship specifically, the higher prevailing wage determinations could significantly affect labor market test results, raise the required wages listed on ETA 9089 applications, and increase the overall long-term cost of green card sponsorship. Employers currently sponsoring or planning to sponsor workers through PERM should closely assess whether affected roles remain cost-effective under the new wage requirements. The proposed changes would apply prospectively — only to prevailing wage determination requests pending on the effective date and new LCA or PWD requests filed on or after that date. Employers are encouraged to review their pending and upcoming PERM and nonimmigrant visa cases now to evaluate cost impacts and consider whether to accelerate filings before the rule takes effect. The public comment period is open until May 26, 2026. Employers and practitioners can submit comments on the proposed wage methodology, alternative approaches, and concerns about reliance on current wage determinations. Now is a critical time for EB-3 sponsors to consult with immigration counsel and assess strategic filing timelines.