The U.S. Department of Labor (DOL) has published a proposed rule to increase prevailing wage levels for H-1B, H-1B1, E-3, and PERM programs. This notice of proposed rulemaking (NPRM, Docket ETA-2026-0001) aims to adjust wage levels significantly, affecting employers and foreign workers alike.
Key Details:
- Current vs. Proposed Wage Percentiles: Level I (Entry) increases 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.
- Dollar Impact: For Software Developers, Level I wages will rise from approximately $78,000 to $98,000 nationally, while Level II wages will increase from $98,000 to $120,000.
- Regional Differences: In the San Jose/San Francisco metro area, Level I wages will increase from about $115,000 to $142,000, and Level II from $142,000 to $172,000.
- Comment Period: The public has until late May 2026 to submit comments on the proposed rule.
The proposed wage increases could affect employer willingness to sponsor foreign workers, as the offered wage in PERM applications must meet or exceed the new prevailing wage levels. Existing approved prevailing wage determinations will not be retroactively affected.
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Source: r/EB2