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Feb 24, 2026

Labor Department Wage Rule for H-1B and PERM Clears White House Review

Labor Department Wage Rule for H-1B and PERM Clears White House Review
The U.S. Department of Labor (DOL) has taken the next procedural step toward overhauling the way employers calculate wages for foreign talent. On February 23, 2026 the Office of Management and Budget completed its review of a draft DOL regulation that would “revise wage rules in the H-1B non-immigrant and PERM labor-certification programs.” Publication in the Federal Register could come as early as this week, triggering a 30- to 60-day public-comment window. (fragomen.com)

Although the draft text is still under wraps, practitioners expect the department to raise the four government wage levels—an idea first advanced in a 2021 final rule that was later shelved after litigation and a change of administration. If the new proposal again lifts wages, employers would have to offer higher salaries both when sponsoring new H-1B professionals and when seeking permanent residence through PERM. Critics argue that a steep jump could price smaller companies out of the global talent market, while supporters say it would better protect U.S. workers.

Labor Department Wage Rule for H-1B and PERM Clears White House Review


Organizations needing hands-on help to navigate these evolving wage rules—and the broader H-1B and PERM processes—can turn to VisaHQ. Through its intuitive platform (https://www.visahq.com/united-states/), VisaHQ streamlines petition preparation, document collection and government filings, giving HR and mobility teams a real-time dashboard to monitor case status and keep assignments on track.

For multinationals that routinely move key staff to the United States, higher prevailing wages mean larger assignment budgets and tighter workforce-planning timelines. Companies will need to revisit cost projections for FY 2027 H-1B cap filings and for PERM cases already in the pipeline. Immigration counsel advise budgeting for at least a 10-15 percent wage cushion until the regulatory text is released and analyzed.

Once published, the rule must survive the notice-and-comment process and possible court challenges before taking effect. Nevertheless, mobility managers should begin stakeholder briefings now so that finance, tax and total-rewards teams understand the exposure—and so that affected foreign nationals are not caught off guard.
VisaHQ's expert visas and immigration team helps individuals and companies navigate global travel, work, and residency requirements. We handle document preparation, application filings, government agencies coordination, every aspect necessary to ensure fast, compliant, and stress-free approvals.
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