Department of Labor (DOL) is considering changes which will affect employers and foreign national workers who are filing for employment-based visas and green cards. A new rule has been proposed that would increase required wage levels for H-1B, H-1B1, E-3, and PERM programs. While the underlying wage data from the Occupational Employment and Wage Statistics (OEWS) survey remains the same, the proposal changes how wage levels are assigned within that data, resulting in higher required wages across all levels.

Under the current system, wage levels are tied to percentiles based on experience and job duties. The proposal shifts these percentiles upward. Level I (entry-level) would increase from about the 17th percentile to the 34th percentile. Level II would move from about the 34th to the 52nd percentile, Level III from the 50th to the 70th percentile, and Level IV from the 67th to the 88th percentile. This change would place entry-level roles closer to wages typically associated with more experienced workers. 

From an employer's perspective, this would affect how positions are classified and compensated. Entry-level roles would require higher wages, mid-level roles would be pushed to or above the median, and senior roles would move closer to the top of the wage range. This may also reduce flexibility in using lower wage levels and could result in required wages that exceed what is typically paid to similarly experienced workers.

The proposal is currently open for public comment through approximately May 26, 2026. A final rule could follow after the review period, with potential implementation later in 2026. In the meantime, employers should review current and upcoming cases, especially those relying on Level I or Level II wages, and evaluate filing strategies.

For more information, visit https://www.federalregister.gov/documents/2026/03/27/2026-06017/improving-wage-protections-for-the-temporary-and-permanent-employment-of-certain-foreign-nationals 

Bottom Line: This proposal does not change wage data, but it changes how wages are calculated. If implemented, it would increase required wages and impact hiring and sponsorship decisions.

If you have questions or would like to discuss how this may affect your case, please contact our office at 703-348-1663

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