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Visa & ImmigrationNov 9, 202607:52 (PT)

DOL final rule raising prevailing wages for H-1B and PERM submitted to OMB for review

Key points

  • The rule raises prevailing wage minimums for H-1B, H-1B1, E-3 and PERM.
  • The rule has been sent to OMB and has not yet been published in the Federal Register.
  • Implementation is 30 or 60 days after publication.

Fragomen reports that the Department of Labor's final rule raising prevailing wage minimums for the H-1B, H-1B1, E-3 and PERM labor certification programs has been submitted to the Office of Management and Budget (OMB) for review, the final stage of federal rulemaking. DOL proposed the rule in late March 2026 with a 60-day comment period. Publication in the Federal Register is expected within days or weeks, with implementation 30 or 60 days after publication. For reference only, not legal advice.

What employers should do

  1. Watch for Federal Register publication of the final rule and its effective date, and review current H-1B and PERM wage levels.
  2. If PERM filings or new H-1B hires are planned, assess wage adjustment costs and timing early.

Policy details

Jurisdiction
Federal
Status
Final rule
Effective date
—
Employers covered
Employers sponsoring H-1B, H-1B1 and E-3 workers or filing PERM labor certifications
Official source
View official source ↗
Original report: Fragomen ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.