The U.S. Department of Labor has proposed one of the most consequential wage changes to employment-based immigration in years. On March 26, 2026, DOL issued a notice of proposed rulemaking — “Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals” — that would substantially rewrite how prevailing wages are calculated under the H-1B, H-1B1, E-3, and PERM programs. It was published in the Federal Register on March 27, 2026, with a 60-day comment period that closed May 26, 2026.
How much wages would rise. The proposal recalibrates each of the four OEWS wage levels sharply upward:
- Level I (entry): from the 17th to the 34th percentile
- Level II (qualified): from the 34th to the 52nd percentile
- Level III (experienced): from the 50th to the 70th percentile
- Level IV (fully competent): from the 67th to the 88th percentile
In dollar terms, required wages would climb roughly 20% to 33% depending on the level, and DOL estimates the average certified wage would rise by about $14,000 per worker per year.
Why NIW and EB-2 applicants should care. While the National Interest Waiver lets EB-2 petitioners skip the PERM labor certification and its wage test, the proposed rule still matters. Many NIW candidates hold — or are transitioning from — H-1B status, where the higher prevailing wage would directly affect sponsorship and extensions. And traditional EB-2 and EB-3 applicants who do go through PERM would face materially higher wage obligations, potentially discouraging some employers from sponsoring at all. That could push more qualified professionals toward the self-petition route, where NIW and EB-1A become increasingly attractive alternatives.
Where things stand. The rule is still a proposal. The comment period has closed, and DOL must now review submissions before issuing any final rule — a process that can take months and may face legal challenge. Nothing changes for current filings yet, but employers and beneficiaries planning H-1B extensions or PERM cases into 2027 should model the higher wage figures now.
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