H-1B Wage Rule 2026: What Higher Pay Floors Mean for You
A proposed federal rule could force employers to pay H-1B workers up to 33% more — or stop sponsoring them altogether. The Department of Labor put the plan forward in March 2026, and the comment period is already closed. If your job, your visa, or your green card application depends on employer sponsorship, this rule could change everything.
What the proposed rule would change
The U.S. Department of Labor proposed a new rule on March 27, 2026, that would raise the minimum wages employers must pay workers on H-1B visas (temporary work visas for specialty occupations) and workers going through the PERM labor certification process (a required step for many employer-sponsored green cards). The public comment period closed on May 26, 2026. The rule is not final yet, but it could affect hundreds of thousands of workers and their employers.
Under the current system, wages are set at four levels based on experience and education. Level I sits at roughly the 17th percentile of wages for a given job. The proposed rule would push that up to the 34th percentile. Level II would move from the 34th to the 52nd percentile. Level III would jump from the 50th to the 70th percentile. Level IV — the highest — would rise from the 67th to the 88th percentile. On average, that could mean about $14,000 more per year per sponsored worker.
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The H-1B program requires employers to pay the "prevailing wage" — the standard pay for a given job in a given area — so that foreign workers do not undercut U.S. workers. The PERM process (Permanent Electronic Review Management) works the same way for employer-sponsored green cards. Critics of the proposed rule argue it could make it much harder for small and mid-size companies to sponsor workers. Some legal analysts say the rule may face court challenges and could be struck down. The H-1B registration fee is currently $730 (Form I-129, the petition employers file for H-1B workers).
What to do
- If your employer sponsors your H-1B or green card, ask them now whether this rule would affect your wage level — do not wait for the rule to become final.
- If you are in the PERM process (employer-sponsored green card application), ask your employer's immigration attorney where your case stands and whether a wage re-determination could be required.
- If your H-1B extension is coming up, make sure your employer files Form I-129 (the H-1B petition) before any new wage rules take effect — timing matters.
- Talk to an immigration lawyer if you are unsure how a wage increase requirement could affect your status or your path to a green card.
What to do, step by step — see our guide “PERM Labor Certification”.
Fishkin Law Firm, New York
If your employer is currently sponsoring your H-1B or PERM labor certification, request a written confirmation that your prevailing wage determination is locked in before any final rule takes effect — wage determinations certified before the effective date of a new rule are generally protected. Workers whose sponsorship is paused or delayed are most at risk, because a new filing after the rule takes effect would require the higher wage. Consult an immigration attorney now, before the rule is finalized, to review your timeline and options.
Frequently Asked Questions
Is this H-1B wage rule already in effect in 2026?
No. As of mid-2026, this is still a proposed rule (called an NPRM, or Notice of Proposed Rulemaking). The public comment period closed on May 26, 2026. The Department of Labor must review comments and publish a final rule before any new wage floors apply. Nothing has changed yet.
Could this rule affect my employer-sponsored green card (PERM)?
Yes. The PERM labor certification process — a required step for most employer-sponsored green cards — uses the same prevailing wage system. If the rule becomes final, new PERM applications filed after the effective date would need to meet the higher wage levels.
What happens if my employer cannot afford to pay the higher wage?
If an employer cannot meet the new wage requirement, they may not be able to file or renew your H-1B petition or continue your PERM process. In that case, lawyers recommend exploring other visa options or finding a new employer willing to sponsor you at the required wage.
How much does it cost to file an H-1B petition right now?
The current filing fee for Form I-129 (the H-1B petition your employer files) is $730. This fee does not change under the proposed wage rule — the rule only affects the minimum salary your employer must pay you, not the filing fee itself.