On March 27, 2026, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking in the Federal Register designed to substantially restructure the methodology used to calculate prevailing wages for H-1B, H-1B1, and E-3 nonimmigrant classifications. 

The proposed changes would result in significant wage increases across all four levels for some pending applications and all new filings, including extensions of H-1B, H-1B, and E-3 employees. Based on the DOL’s historical and proposed prevailing wages data, the proposed adjustments would increase the average certified wage by approximately $14,000 per year per sponsored employee. The proposed rule would continue to permit employers to use alternative wage sources beyond the OEWS salary survey data, which are not subject to the DOL wage percentiles.

The 60-day public comment period closed on May 26, 2026, and DOL must now review the comments received before deciding whether to finalize, modify, or withdraw the proposal. 

Although the proclamation and NPRM are framed around the H-1B program, the proposed methodology would impact the PERM labor certification process for EB-2 and EB-3 employment-based green cards, since more than 57 percent of PERM applications in fiscal year 2024 were filed on behalf of workers already in H-1B status. 

Employers pursuing permanent sponsorship should therefore anticipate that any final rule would likely raise required PERM wage offers in parallel with H-1B and E-3 wage floors. Further, Barnes & Thornburg recommends employers contact immigration counsel to identify potentially impacted employees and analyze any necessary action, including the filing of extensions of H-1B status, the use of alternative wage survey data sources, and the review of position details and minimum requirements.

For more information, see “DOL Proposes Higher Wage Requirements for H-1Bs and PERM Labor Certifications” published by Barnes & Thornburg in April 2026. 

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