• Insights

United States: DOL Proposal to Revise Wage Rules for Foreign Workers Reenters Federal Review

March 25, 2026

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 Department of Labor has sent a new proposal to revise wage rules for the H-1B, PERM, and other programs to the Office of Management and Budget (OMB) for review. The new proposal follows an earlier version that cleared OMB review in February and was anticipated for publication but has apparently been revised.
  • Once the new proposal clears review, it is expected to be published with a public comment period of 30 or 60 days.

The issue

The Department of Labor (DOL) has resubmitted to the Office of Management and Budget a proposal that would revise wage rules for the H-1B, PERM, and related immigration programs. An earlier version of the rule cleared federal review in February and was expected to be published for public feedback imminently; it appears that DOL has since revised its proposal and restarted the review process.

Though details are confidential until publication in the Federal Register, the proposed rule could restructure the prevailing wage system for the H-1B, H-1B1, E-3, and PERM programs, imposing higher wage minimums.

During the first Trump Administration in 2021, DOL finalized a regulation that would have restructured the agency’s four-level prevailing wage system, increasing the minimum required wages at all wage levels. That rule was challenged in court and, after the change in presidential administration, was ultimately abandoned by the Biden-era DOL. The Biden Administration planned to issue its own prevailing wage proposed rule, but after several delays, the agency deprioritized and then removed the initiative from its regulatory agenda.

It is not known whether the new proposal now at OMB is the same as the rule finalized by the first Trump Administration in 2021. That rule would have increased Level I wages to the 35th percentile of each wage distribution, up from the 17th percentile; Level II wages to the 53rd percentile, up from the 34th percentile; Level III to the 72nd percentile, up from the 50th percentile; and Level IV to the 90th percentile, up from the 67th percentile.

What’s next

When the new proposed rule clears federal review, it will be published in the Federal Register with a public comment period of 30 or 60 days. DOL is required to give meaningful consideration to the public comments, but there is no minimum or maximum period for this stage of review. The agency would then publish a final version of the rule with an implementation period, which typically falls 30 or 60 days after publication.

Comments from the business community will be important to make the Administration aware of the rule’s impact on the position of the United States in the competition for global talent. If your organization wishes to comment on the proposed rule after it is published, please contact your designated Fragomen professional or the firm’s Government Strategies and Compliance Group.

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

SHRM: Why ‘Hush Trips’ Can Pose Big Risks for Employers and Workers

Senior Counsel Jo Antoons explains the immigration, social security, insurance, employment law and tax risks that undisclosed international remote work can create for employers.

Learn more

Media mentions

The PIE: UK to Increase HPI Visa Cap and Expand Eligibility to 150 Universities

Manager Russell Hodges discusses how the HPI visa expansion could help UK employers attract global talent.

Learn more

Fragomen news

Fragomen Expands Asia Pacific Presence with New Vietnam Offices

Fragomen has opened new offices in Hanoi and Ho Chi Minh City, expanding its presence and immigration capabilities across Asia Pacific.

Learn more

Media mentions

Human Resources Director: Global Mobility Risk Can No Longer Be an HR Afterthought

Partner Jack Kim discusses how organizations can take a more strategic approach to global mobility through actionable intelligence, proactive workforce planning and preparation for geopolitical disruptions.

Learn more

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Media mentions

SHRM: Why ‘Hush Trips’ Can Pose Big Risks for Employers and Workers

Senior Counsel Jo Antoons explains the immigration, social security, insurance, employment law and tax risks that undisclosed international remote work can create for employers.

Learn more

Media mentions

The PIE: UK to Increase HPI Visa Cap and Expand Eligibility to 150 Universities

Manager Russell Hodges discusses how the HPI visa expansion could help UK employers attract global talent.

Learn more

Fragomen news

Fragomen Expands Asia Pacific Presence with New Vietnam Offices

Fragomen has opened new offices in Hanoi and Ho Chi Minh City, expanding its presence and immigration capabilities across Asia Pacific.

Learn more

Media mentions

Human Resources Director: Global Mobility Risk Can No Longer Be an HR Afterthought

Partner Jack Kim discusses how organizations can take a more strategic approach to global mobility through actionable intelligence, proactive workforce planning and preparation for geopolitical disruptions.

Learn more

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

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
ContactCareersMediaClient Portal
Important Updates
Important Updates
November 3, 2026 | United KingdomThe PIE: UK to Increase HPI Visa Cap and Expand Eligibility to 150 Universities
November 5, 2026 | BelgiumSHRM: Why ‘Hush Trips’ Can Pose Big Risks for Employers and Workers
November 3, 2026 | BrazilBrazil: New Work Authorization Pathway for Foreign Nationals Supporting Megaevents
November 3, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
November 3, 2026 | ItalyItaly: Job Offers for EU Blue Card Applications in Milan Require Specific Digital Signature
November 3, 2026 | United KingdomThe PIE: UK to Increase HPI Visa Cap and Expand Eligibility to 150 Universities
November 5, 2026 | BelgiumSHRM: Why ‘Hush Trips’ Can Pose Big Risks for Employers and Workers
November 3, 2026 | BrazilBrazil: New Work Authorization Pathway for Foreign Nationals Supporting Megaevents
November 3, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
November 3, 2026 | ItalyItaly: Job Offers for EU Blue Card Applications in Milan Require Specific Digital Signature
November 3, 2026 | United KingdomThe PIE: UK to Increase HPI Visa Cap and Expand Eligibility to 150 Universities
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.