DOL to Increase Prevailing Wage Levels

On March 27, 2026, the U.S. Department of Labor (DOL) proposed a new rule to increase prevailing wage levels. If finalized, the rule would increase prevailing wage requirements for employers sponsoring foreign nationals under the H‑1B, H‑1B1, E‑3, and PERM (EB‑2 and EB‑3) programs.

Current Prevailing Wage Structure

For more than two decades, DOL has relied on the Occupational Employment and Wage Statistics (OEWS) survey to assign four prevailing wage levels based on percentiles of the wage distribution:

• Level I (Entry Level): 17th percentile
• Level II (Qualified): 34th percentile
• Level III (Experienced): 50th percentile
• Level IV (Fully Competent): 67th percentile

These wage levels are used uniformly for temporary programs, like the H-1B and permanent programs, like EB-2 and EB-3 category Green Cards.

 

Proposed Wage Level Changes

Under the new rule, DOL would substantially raise each wage tier:

 

Wage Level	Current		Proposed
Level I	17th	→	34th
Level II	34th	→	52nd
Level III	50th	→	70th
Level IV	67th	→	88th

 

Notably, entry-level wages would double, moving to the current Level II floor.

 

DOL estimates these changes would increase average required wages by approximately $14,000 annually, depending on occupation and location.

 

When Would the New Wages Take Effect?

DOL will accept comments on the rule from the public until May 26, 2026.

 

If finalized, the new wage methodology would take effect no earlier than 60 days after the final rule is published. Until then, current wage levels remain in effect.

USCIS Temporarily Suspends Biometrics Requirements for H-4 and L-2 Applicants

The USCIS has announced that it will temporarily suspend the biometrics requirements for H-4, L-2, E-1, E-2, and E-3 applicants. The suspension will last from May 17, 2021 until May 17, 2023, and will apply to H-4, L-2, E-1, E-2, and E-3 applicants with a pending Form I-539 who have not yet received a biometrics appointment notice as of May 17, 2021, and new applications for H-4, L-2, E-1, E-2, and E-3 received by USCIS from May 17, 2021 until May 17, 2023.

Applicants who receive a biometrics appointment notice before May 17, 2021 should plan to attend the appointment. Additionally, the USCIS retains the discretion to require biometrics on a case-by-case basis for any applicant. The USCIS is not expected to refund the $85 biometrics fee for applicants who are not required to attend the biometrics appointment.

The USCIS’s announcement comes as part of an ongoing lawsuit over long processing times for H-4 and L-2 employment authorization documents (EAD). It is hoped that the suspension of the biometrics requirements will help to address the backlog of pending Form I-539s and associated EAD applications.