H-1B wage guidelines might change as proposal clears federal assessment

A proposed rule titled “Bettering Wage Protections for H-1B and PERM Employment in the US” has accomplished regulatory assessment on the Workplace of Administration and Finances. The proposal, submitted by the United States Division of Labor concluded assessment on February 20, 2026, and is marked as “According to Change” on the Workplace of Data and Regulatory Affairs.

The rule is now positioned for publication as a proposed regulation. It’s labeled as economically vital and main beneath federal regulatory requirements.

Proposal targets wage protections

The proposed rule seeks to enhance wage protections beneath the H-1B visa and PERM labor certification packages. These packages govern short-term expert international staff and employment-based everlasting residence processes within the United States.

In keeping with the regulatory submitting, the proposal falls beneath the Division of Labor’s Employment and Coaching Administration. It doesn’t carry a authorized deadline and isn’t linked to homeland safety, federalism, or pandemic response measures.

The submitting signifies that the rule would have personal sector implications and will have an effect on companies, together with small entities.

In keeping with the replace, the proposed rule might revise the prevailing wage system utilized in each packages. As per Fragomen, if adopted, the change might improve prevailing wages and lift the minimal wage employers should pay H-1B staff and provide in employment-based everlasting residence instances beneath PERM.