BAL guide: When employers sponsoring H-1B, PERM and H-2B can use alternative wage surveys
Key points
- DOL's ETA proposed a rule in March 2026 raising the percentiles for all four OEWS wage levels.
- The proposal covers certain H-1B, H-1B1, E-3 and PERM cases.
- The proposal retains private surveys in limited circumstances; current regulations remain in effect.
BAL Immigration Law published an FAQ and guide on when employers may use alternative or private wage surveys instead of DOL OEWS data to set prevailing wages. In March 2026 the DOL's Employment and Training Administration proposed a rule raising the percentiles for all four OEWS wage levels for certain H-1B, H-1B1, E-3 and PERM cases, while retaining private surveys in limited circumstances. Current regulations remain in effect.
What employers should do
- Monitor the rule's progress and assess the impact of higher wage percentiles on existing H-1B and PERM prevailing wages.
- Continue following current rules for wage determination until any final rule takes effect.
Policy details
- Jurisdiction
- United States
- Status
- Proposed rule
- Effective date
- —
- Employers covered
- Employers sponsoring H-1B, H-1B1, E-3, PERM (and H-2B) workers
- Official source
- View official source ↗
Original report: BAL Immigration Law ↗AI-assisted brief; may contain inaccuracies. Rely on the original reports and official documents. For information only; not legal, immigration or insurance advice.