What’s Happening
The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) that would significantly increase prevailing wage requirements across the H-1B, H-1B1, E-3, and PERM programs. This NPRM is expected to be published in the Federal Register on March 27, 2026. The proposed rule, issued under the title “Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States,” will be subject to a 60-day public comment period following its publication in the Federal Register.
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On the evening of December 1st, 2020, a United States District Court Judge issued a decision repealing two Interim Final Rules (IFRs) published by the Department of Homeland Security (DHS) and the Department of Labor (DOL) on October 8th, 2020, which created additional hurdles for U.S. companies seeking to employ workers H-1B, E-3, and H-1B1 visas. The DOL rule took effect immediately on October 8th, 2020 and the DHS rule had a 60-day delayed effective date and was scheduled to go into effect next week. The Court order states that both regulations are repealed effective immediately, however, the DOL has not yet issued any guidance as to how individuals seeking to submit Labor Condition Applications (LCAs) and Prevailing Wage Determinations (PWDs) under the old wage levels should proceed.
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