Accurate as of November 11, 2026
Related FAQ: Will H-1B and PERM prevailing wages go up in 2027?
On November 6, 2026, the Department of Labor sent its final rule titled "Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States" (RIN 1205-AC30) to the Office of Information and Regulatory Affairs for review. Review at OIRA is the last step before a rule is signed and published in the Federal Register. The text of the final rule is not public yet.
For every employer that sponsors H-1B, H-1B1 or E-3 workers, or files PERM labor certifications for green cards, this rule could change the cost of every sponsorship.
What DOL proposed in March
The proposed rule was published at 91 FR 15454 on March 27, 2026 (Docket ETA-2026-0001), and comments closed May 26, 2026. It would raise the four wage levels that every Labor Condition Application and every PERM prevailing wage determination uses:
| Wage level | Current percentile | Proposed percentile |
|---|---|---|
| Level I (entry) | 17th | 34th |
| Level II | 34th | 52nd |
| Level III | 50th | 70th |
| Level IV (fully competent) | 67th | 88th |
The proposal covers H-1B, H-1B1 and E-3 workers and PERM cases in both EB-2 and EB-3. DOL put EB-3 on the same structure "to avoid creating incentives for employers to select visa categories based on lower wage thresholds."
What we do not know yet
- The final numbers. A final rule can move from the proposal in either direction after public comment.
- The effective date. We found no proposed effective date in the March text, and the final rule will set its own.
- Transition rules. Whether a prevailing wage determination already issued, or an LCA already certified, keeps its wage until it expires is the question that will drive 2027 budgets. The proposal did not settle it in any part we could read. Watch for it in the final text.
The last time DOL raised these levels, in an interim final rule in October 2020, a federal court set it aside within months. A challenge to this rule is likely, but employers should plan as if it will take effect.
Why the timing matters now
Two points push decisions into the next few weeks:
- LCAs and prevailing wage requests filed under today's levels. Employers may want to file LCAs and PERM prevailing wage requests now for workers who will need them in 2027. Whether that locks in today's wage depends on the transition language in the final rule, so treat it as a sensible hedge, not a guarantee.
- Enforcement is already tightening. Executive Order 14431 of September 18, 2026 made an employer's layoff history a factor in H-1B and PERM decisions, and DOL suspended PERM processing for eight named employers in October. Reuters reported on November 10 that IBM will stop sponsoring work visas and green cards for most roles in its consulting unit. A higher wage floor will push more employers to reconsider sponsorship role by role.
One filing change already in effect
USCIS has announced that from November 9, 2026 it accepts only the 09/09/26 edition of Form I-129, on paper and online. A petition on the older edition is rejected and loses its filing date, which for an extension filed near the end of a worker's stay can mean a gap in status. Check the edition date at the bottom of every page before filing.
What to do this month
- List every sponsored worker by wage level, with the LCA and PERM dates for each. Level I and Level II workers carry the largest increase.
- Price the proposed levels against current salaries using the occupation and area in each LCA, so the 2027 budget has a number before the rule does.
- Decide on early filings for extensions, amendments and PERM prevailing wage requests that are due in 2027, with counsel, case by case.
- Confirm the I-129 edition in every template your team or vendor uses.
- Watch the Federal Register. We will update this article the day the final rule publishes.
To review your sponsored workforce against the proposed wage levels, call Samper Law at (781) 321-3700.
Frequently asked questions
Reviewed November 13, 2026
Will H-1B and PERM prevailing wages go up in 2027?
Probably. The Department of Labor sent a final rule to the White House for review on November 6, 2026. Its March 2026 proposal would raise the entry level wage from the 17th to the 34th percentile and the top level from the 67th to the 88th, for H-1B, H-1B1, E-3 and PERM. The final numbers and effective date are not public yet.
Does filing an LCA now lock in today's wage?
It may, but only if the final rule says so. Whether certified LCAs and issued prevailing wage determinations keep their wage depends on the rule's transition language, so early filing is a hedge, not a guarantee.
Related analysis
- The Government Froze Green Card Sponsorship at Microsoft, Adobe and Six IT Firms. Here Is Who Is Exposed.
- The New Price of Foreign Talent: Six Line Items Your 2027 Budget Is Probably Missing
- Project Firewall: DOL No Longer Needs a Complaint to Investigate Your H-1B Program
Sources
- Office of Information and Regulatory Affairs, RIN 1205-AC30, Final Rule stage, received November 6, 2026, status "Pending EO 12866 Regulatory Review," reginfo.gov.
- Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States, 91 FR 15454 (Mar. 27, 2026), FR Doc. 2026-06017, Docket ETA-2026-0001; comments due May 26, 2026.
- Executive Order 14431 (Sept. 18, 2026).
- Reuters, reporting on IBM Consulting sponsorship (Nov. 10, 2026).
- USCIS announcement on the 09/09/26 edition of Form I-129, effective November 9, 2026.
General information, not legal advice. Reading this article does not create an attorney client relationship.
Founder and Managing Attorney of Samper Law, Lidice leads the firm's uncompromising litigation standards with relentless advocacy and strategic precision honed across federal and state courts.
