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.
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.