Overview
- Labor officials published an NPRM on Friday proposing higher minimum pay rates for H‑1B, H‑1B1, E‑3, and PERM jobs that use government wage data to set salary floors.
- Under the plan, the four wage tiers would shift up to new percentiles: Level I to the 34th, Level II to the 52nd, Level III to the 70th, and Level IV to the 88th.
- The department estimates the change would raise the average certified wage by about $14,000 per job, with the rule applying only going forward to new LCAs and to new or pending prevailing‑wage requests.
- A 60‑day public comment period is now open, and the draft keeps the option for employers to use approved alternative wage surveys if they meet regulatory standards.
- Legal challenges are expected because a similar 2021 increase was struck down, and experts say the higher floors could reduce entry‑level opportunities and steer hiring toward higher‑paid roles and experienced workers.