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Immigration News Alert
DOL Proposes Wage Rule Changes for H‑1B and PERM Programs
Key Point
- On February 20, 2026, the U.S. Department of Labor’s proposed rule to update prevailing wage calculations for the H‑1B and PERM programs has completed OIRA review, moving it closer to publication in the Federal Register.
DOL Proposal to Revise H‑1B and PERM Wage Rules Clears Federal Review
The Department of Labor’s (DOL) proposed rule titled “Improving Wage Protections for H‑1B and PERM Employment in the United States” has completed review by the Office of Information and Regulatory Affairs (OIRA), a required step before DOL can publish the proposal in the Federal Register.
The proposal, first submitted for federal review two months ago, is expected to focus on wage requirements in the H‑1B and PERM programs.
DOL has not released the full text of the proposal, and it will be available only once the agency publishes it in the Federal Register. The agency is signaling potential updates to prevailing wage determinations, which could lead to higher required wage levels for certain roles.
With OIRA review now complete, the proposal moves closer to publication in the Federal Register, where employers and stakeholders will have the opportunity to review the full text and submit comments.
Proposed H-1B PERM Wage Rule Changes
On December 20, 2025, the Department of Labor’s Employment and Training Administration submitted a proposed rule, Improving Wage Protections for H-1B and PERM Employment in the United States (1205-AC30), to the Office of Management and Budget for review.
The rule aims to update the methodology used to determine prevailing wages in the H-1 B, H-1B1, E-3 and PERM programs. According to the announcement, the goal is to enhance wage protections and ensure consistency across temporary and permanent employment categories.
Looking Ahead
The proposed rule contains limited information. Envoy Global will continue to track this rulemaking and will share additional information once the DOL releases the proposal for public comment.
Next, DOL will publish the proposed rule in the Federal Register, opening a public comment period and making the full regulatory text available for the first time. If approved, employers should anticipate higher required wage levels. Employers should also prepare to adjust their compliance and workforce planning accordingly.
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