H-1B Wage Rule 2026: What Higher Pay Floors Mean for You
The US government wants to force employers to pay H-1B workers significantly more — and the proposal could reshape who gets sponsored, who gets renewed, and who loses their visa. For hundreds of thousands of skilled foreign workers already in the US, the stakes could not be higher. Here is what the proposed rule actually says and what you should do now.
What the government wants to change
The US Department of Labor has proposed a new rule that would raise the minimum wages employers must pay H-1B workers. Right now, the government sets four wage levels — from entry-level (Level I) to expert (Level IV). Critics say Level I wages are too low and allow some employers to pay H-1B workers far less than US workers doing the same job. The new rule would push all four wage levels higher, so that H-1B workers are paid wages closer to what American workers in the same field actually earn.
The government's own data shows that in fiscal year 2024, more than 50 percent of all Labor Condition Applications (LCAs) — the forms employers must file before hiring an H-1B worker — were for computer and technology jobs. About 10 percent of software developer positions were filed at the lowest wage level, even though the H-1B program is supposed to be for highly specialized workers. The proposed rule says this gap between what H-1B workers are paid and what US workers earn is a problem the new wage floors would fix. The Department of Labor estimates the rule could result in up to $6.85 billion per year in higher wages paid to workers.
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The rule would also affect the permanent labor certification process — known as PERM (Permanent Electronic Review Management) — which many workers use on the path to a green card through EB-2 or EB-3 employment-based immigrant visa categories. Employers who sponsor workers for green cards through PERM must also pay prevailing wages, so higher wage floors would apply to those cases too. The proposed rule is still open for public comment and is not yet final.
What this means for H-1B workers and green card applicants
If the rule becomes final, employers who want to hire or keep H-1B workers may need to offer higher salaries to meet the new wage requirements. This could affect whether your employer renews your H-1B extension, files a new petition, or continues your green card sponsorship through PERM. Workers already employed on H-1B status are not automatically affected until their employer files a new LCA — for example, at the time of an H-1B extension or a job change. However, if your employer decides the new wage is too high to pay, they may choose not to renew your visa.
What to do
- Ask your employer or HR department whether they plan to continue your H-1B sponsorship if the new wage rule takes effect — get this in writing if possible.
- If you are in the PERM process for an EB-2 or EB-3 green card, ask your immigration lawyer how the proposed wage changes could affect your case timeline or your employer's willingness to continue sponsoring you.
- Check the status of the proposed rule at the Federal Register website — the rule is not final yet, and the public comment period may still be open.
- If your employer stops sponsoring your H-1B or green card because of wage costs, speak with an immigration lawyer right away about your options, including finding a new sponsor or changing your visa status.
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H-1B workers should understand that a new LCA must be filed each time an employer seeks an extension or amendment — meaning the new wage floors would apply at that point, not retroactively to your current status. If your employer is already sponsoring your green card through PERM, cases filed before the rule's effective date may be protected, but you should confirm this with your attorney immediately. Given how quickly this rule could move, anyone whose H-1B extension or PERM filing is coming up in 2026 should consult an immigration attorney now to assess their options.