Important Updates
Important Updates
July 25, 2025 | ThailandThailand: Digital Arrival Card System Replaces Electronic Travel Authorization System
July 25, 2025 | BulgariaBulgaria: Mandatory New Health Insurance Requirement for Single Work and Residence Permit Holders
July 25, 2025 | PolandPoland: New Rule Requires Submission of Employment Contracts Online
July 25, 2025 | Slovak RepublicSlovakia: Mandatory Online Submission for Some Processes
July 25, 2025 | SpainSpain: Certain Work Permits Can Now Be Issued for Less Than 90 Days
July 25, 2025 | ThailandThailand: Digital Arrival Card System Replaces Electronic Travel Authorization System
July 25, 2025 | BulgariaBulgaria: Mandatory New Health Insurance Requirement for Single Work and Residence Permit Holders
July 25, 2025 | PolandPoland: New Rule Requires Submission of Employment Contracts Online
July 25, 2025 | Slovak RepublicSlovakia: Mandatory Online Submission for Some Processes
July 25, 2025 | SpainSpain: Certain Work Permits Can Now Be Issued for Less Than 90 Days
July 25, 2025 | ThailandThailand: Digital Arrival Card System Replaces Electronic Travel Authorization System
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

Forthcoming DOL Rule Expected to Raise H-1B, E-3, H-1B1 and PERM Wage Minimums

September 17, 2020

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • The Office of Management and Budget (OMB) is reviewing a Department of Labor (DOL) regulation that seeks to restructure the wage level system used to establish wage minimums in the H-1B, H-1B1, E-3 and PERM programs. The forthcoming rule is expected to increase wage requirements for the four programs.
  • DOL plans to issue the regulation as an interim final rule having immediate or near-immediate impact, with no opportunity for public feedback before the rule takes effect.
  • OMB continues to review a separate interim final rule that is expected to toughen H-1B eligibility criteria and employer obligations.

The issue

The Department of Labor (DOL) has submitted to the Office of Management and Budget (OMB) a fast- tracked regulation to restructure wage levels and requirements in the H-1B, H-1B1, E-3 and PERM programs. Though contents of the regulation will remain confidential until released for publication, the rule is likely to increase minimum wages in the four programs and tighten wage requirements for employers. H-1B wage increases have long been a goal of the Trump Administration, though the forthcoming rule has not previously appeared on the Administration’s regulatory agenda.

DOL plans to issue the regulation as an interim final rule with immediate or near-immediate impact. This means that employers and other members of the public would not have an opportunity to provide public feedback before the rule takes effect. OMB review is generally the last step before an interim regulation is published and implemented. 

The rule is being introduced as the Department of Homeland Security (DHS) is moving forward on its own interim final rule with immediate effect on the H-1B program. As we have reported, the DHS rule will change the key definitions of H-1B specialty occupation, H-1B employment and employer-employee relationship, with a likely focus on toughening eligibility criteria and further restricting the offsite placement of H-1B workers. Further H-1B regulatory activity is also possible.

What’s next for the DOL wage regulation

OMB has up to 90 days to review the regulation, but could take less time given the Trump Administration’s goal of imposing further restrictions on the H-1B category and other employment-based immigration programs. Once OMB clears the regulation, it will be published in the Federal Register and is expected to take effect immediately or shortly after publication. The regulation may be challenged in court.

Fragomen is closely monitoring the rule and will provide updates as it advances through the federal review process.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Toronto Star: Ford and Other Premiers Want Provincial Work Permits for Refugee Claimants. It May Not Solve Anything

Partner Rick Lamanna discusses the potential option of decentralizing work permit issuance in Canada, emphasizing the need for clear coordination between the provincial and federal governments.

Learn more
Generic Insights

Video

Transfer Tactics & Talent Pipelines – The UK Angle with Alex Hood ⚽ | #FragomenFC - Ep. 10

Fragomen FC hosts are joined by Manager Alexander Hood to examine how immigration rules are reshaping global football, from EPL transfers to the rise of international transfers into the Women’s Super League.

Learn more

Media mentions

The PIE: More Declines Loom in “Seriously Concerning” US Visa Trends

Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Learn more

Media mentions

Construction Management: Immigration Reforms: What’s Next for Construction Employers?

Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

Learn more

Media mentions

Grand Designs Magazine: How to Buy Your Dream Home Overseas

Director Isobel Neilson discusses how changes to golden visa programmes are affecting UK buyers pursuing overseas property investment.

Learn more

Media mentions

TechInformed: Global Talent, Local Growth: Immigration’s Role in the Tech Economy

Senior Associate Tayyaba Karim and Associates Aisha Shahid and Yinny Tan outline how UK immigration changes affect tech talent access and business alignment.

Learn more

Media mentions

The New York Times: Hoping to Visit the U.S.? It Might Cost You an Extra $250.

Partner Parisa Karaahmet is quoted on a new country-specific, $250 "visa integrity fee" introduced by the current US administration as part of a domestic policy bill.

Learn more

Media mentions

New Civil Engineer: The immigration white paper and the government’s Industrial Strategy – how do they compare?

Paralegal Sean Pearce discusses the UK government's immigration White Paper in the context of its Industrial Strategy, noting the importance of overseas talent in meeting infrastructure and housing goals.

Learn more

Video

Update on U.S. Tariffs | #MobilityMinute

In this Mobility Minute, Partner Christian Dallman shares an update on US tariffs as the August 1 deadline for trade negotiations approaches.

Learn more

Media mentions

Saudi Gazette: Saudi Arabia’s Skill-Based Work Permit System Reshapes Expat Employment Landscape

Partner Haider Hussain discussed how Saudi Arabia’s new skill-based work permit system is reshaping employer compliance and recruitment strategies.

Learn more

Podcast

Visa Policy Changes in Nigeria

Director Caroline Kanzara-Obinwa and Manager Tarissa Wareley are joined by Bloomfield Law Practice's Kunle Obebe and Peace Lotechukwu to discuss Nigeria's 2025 visa policy reforms.

Learn more

Media mentions

Windpower Monthly: Wind Industry’s Chronic Skills Shortage Exacerbated by Tough Immigration Rules

Associate Yinny Tan outlines how proposed UK immigration changes may affect workforce planning and talent access in the wind industry.

Learn more

Media mentions

Toronto Star: Ford and Other Premiers Want Provincial Work Permits for Refugee Claimants. It May Not Solve Anything

Partner Rick Lamanna discusses the potential option of decentralizing work permit issuance in Canada, emphasizing the need for clear coordination between the provincial and federal governments.

Learn more
Generic Insights

Video

Transfer Tactics & Talent Pipelines – The UK Angle with Alex Hood ⚽ | #FragomenFC - Ep. 10

Fragomen FC hosts are joined by Manager Alexander Hood to examine how immigration rules are reshaping global football, from EPL transfers to the rise of international transfers into the Women’s Super League.

Learn more

Media mentions

The PIE: More Declines Loom in “Seriously Concerning” US Visa Trends

Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Learn more

Media mentions

Construction Management: Immigration Reforms: What’s Next for Construction Employers?

Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

Learn more

Media mentions

Grand Designs Magazine: How to Buy Your Dream Home Overseas

Director Isobel Neilson discusses how changes to golden visa programmes are affecting UK buyers pursuing overseas property investment.

Learn more

Media mentions

TechInformed: Global Talent, Local Growth: Immigration’s Role in the Tech Economy

Senior Associate Tayyaba Karim and Associates Aisha Shahid and Yinny Tan outline how UK immigration changes affect tech talent access and business alignment.

Learn more

Media mentions

The New York Times: Hoping to Visit the U.S.? It Might Cost You an Extra $250.

Partner Parisa Karaahmet is quoted on a new country-specific, $250 "visa integrity fee" introduced by the current US administration as part of a domestic policy bill.

Learn more

Media mentions

New Civil Engineer: The immigration white paper and the government’s Industrial Strategy – how do they compare?

Paralegal Sean Pearce discusses the UK government's immigration White Paper in the context of its Industrial Strategy, noting the importance of overseas talent in meeting infrastructure and housing goals.

Learn more

Video

Update on U.S. Tariffs | #MobilityMinute

In this Mobility Minute, Partner Christian Dallman shares an update on US tariffs as the August 1 deadline for trade negotiations approaches.

Learn more

Media mentions

Saudi Gazette: Saudi Arabia’s Skill-Based Work Permit System Reshapes Expat Employment Landscape

Partner Haider Hussain discussed how Saudi Arabia’s new skill-based work permit system is reshaping employer compliance and recruitment strategies.

Learn more

Podcast

Visa Policy Changes in Nigeria

Director Caroline Kanzara-Obinwa and Manager Tarissa Wareley are joined by Bloomfield Law Practice's Kunle Obebe and Peace Lotechukwu to discuss Nigeria's 2025 visa policy reforms.

Learn more

Media mentions

Windpower Monthly: Wind Industry’s Chronic Skills Shortage Exacerbated by Tough Immigration Rules

Associate Yinny Tan outlines how proposed UK immigration changes may affect workforce planning and talent access in the wind industry.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.