EB-3 Visa Update April 2026: DOL Proposes Prevailing Wage Hikes for PERM & H-1B Cases

The Department of Labor (DOL) has put forward a proposal that would raise prevailing wage levels applicable to H-1B petitions and PERM labor certification applications. Prevailing wages are the minimum salary levels employers must pay foreign workers, set by the DOL to protect both U.S. and immigrant workers from wage suppression. For EB-3 applicants specifically, the PERM labor certification process—the required first step for most employment-based green cards—relies directly on DOL-set prevailing wage determinations. If the proposed wage hikes take effect, U.S. employers sponsoring EB-3 workers would be required to offer higher salaries to qualify, potentially reducing the pool of eligible sponsors or slowing new PERM filings. The proposal reflects an ongoing regulatory effort to align foreign worker wages more closely with market rates. Critics argue that large wage floor increases could discourage sponsorship of lower-wage EB-3 categories, including unskilled workers, while proponents say the changes better protect American workers from unfair wage competition. Employers currently in the PERM pipeline or planning to initiate EB-3 sponsorship should review existing job offers and prevailing wage determinations against the proposed new thresholds. Immigration counsel recommend auditing pending cases to assess exposure before any final rule takes effect. No final rule has been issued yet, and DOL typically accepts public comment before enacting wage changes. EB-3 candidates and their employers should monitor the Federal Register and consult legal counsel to understand how the proposed increases may affect their specific cases.