Administrator

1205-AC30 202510 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1205 Employment and Training Administration ETA 1200 Department of Labor DOL Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nations in the United States

The Immigration and Nationality Act (8 USC 1101, et seq .) requires that for most employment-based immigrant admissions to the United States, the Secretary of Labor must first certify that the employment of the immigrant will not adversely affect the wages and working conditions of U.S. workers similarly employed and that U.S. workers are unavailable for the position. The Immigration and Nationality Act also requires that an individual may not be admitted into the United States on an H-1B nonimmigrant visa unless the employer attests that they will pay the individual the higher of the actual wage paid to other workers with similar experience or the prevailing wage in the area of employment. The Department of Labor’s (Department) Employment and Training Administration is initiating rulemaking governing prevailing wages for employment opportunities that United States (U.S.) employers seek to fill with foreign workers on a permanent or temporary basis through certain employment-based immigrant visas and H-1B, H-1B1, or E-3 nonimmigrant visas. Specifically, in response to President Trump’s proclamation, the Department is initiating a rulemaking to revise prevailing wage levels, in accordance with section 4(a) of the September 19, 2025, Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers , consistent with section 212(n) of the INA, 8 U.S.C. 1182(n). The proposed rule will amend the Departmental regulations governing permanent labor certifications and temporary labor condition applications (LCA) to incorporate changes to the computation of wage levels under the Department's four-tiered wage structure based on the Occupational Employment and Wage Statistics wage survey administered by the Bureau of Labor Statistics. The primary purpose of these changes is to update the computation of prevailing wage levels under the existing four-tiered wage structure to better reflect actual wages earned by similarly-employed U.S. workers. With this revision, the Department will be able to more effectively ensure under these programs that the employment of immigrant and nonimmigrant workers does not adversely affect wages for U.S. workers.

]]> Economically Significant First Time Published in The Unified Agenda Proposed Rule Stage Yes No Fully or Partially Exempt 20 CFR 656.40 and 656.41 20 CFR 655.731 8 U.S.C. 1182(a)(5)(A) 8 U.S.C. 1182(p) 8 U.S.C. 1182(n)(1)(A)(i)(I) and (II) 8 U.S.C. 1182(t)(1)(A)(i)(I) and (II) 8 U.S.C. 1101(a)(15)(H)(i)(b) Yes

On September 19, 2025, President Trump issued the Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers. Section 4(a) of the proclamation requires the Secretary of Labor shall initiate a rulemaking to revise the prevailing wage levels to levels consistent with the policy goals of this proclamation consistent with section 212(n) of the INA, 8 U.S.C. 1182(n). In response to the proclamation, the Department is initiating a rulemaking to revise the methodology used to compute prevailing wage levels. The proposed rule will amend the Departmental regulations governing permanent labor certifications and temporary labor condition applications to incorporate changes to the computation of wage levels under the Department's four-tiered wage structure based on the Occupational Employment and Wage Statistics wage survey administered by the Bureau of Labor Statistics. The primary purpose of these changes is to update the computation of prevailing wage levels under the existing four-tiered wage structure to better reflect actual wages earned by similarly-employed U.S. workers. With this revision, the Department will be able to more effectively ensure under these programs that the employment of immigrant and nonimmigrant workers does not adversely affect wages for U.S. workers.

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The Immigration and Nationality Act (INA) (8 USC 1101, et seq .) requires that for most employment-based immigrant admissions to the United States, the Secretary of Labor must first certify that the employment of the immigrant will not adversely affect the wages and working conditions of U.S. workers similarly employed and that U.S. workers are unavailable for the position. The Immigration and Nationality Act also requires that an individual may not be admitted into the United States on an H-1B nonimmigrant visa unless the employer attests that they will pay the individual the higher of the actual wage paid to other workers with similar experience or the prevailing wage in the area of employment. The Department of Labor’s (Department) Employment and Training Administration is initiating rulemaking governing prevailing wages for employment opportunities that United States (U.S.) employers seek to fill with foreign workers on a permanent or temporary basis through certain employment-based immigrant visas and H-1B, H-1B1, or E-3 nonimmigrant visas. In accordance with the Presidential Proclamation, the Department will engage in rulemaking to ensure it is fulfilling its mandate under the INA.

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The Presidential Proclamation directed the Secretary of Labor to engage in rulemaking, so no alternatives to rulemaking were considered.

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The Department expects that the proposed rule will result in costs and transfer payments. The proposed rule will have an annualized cost of $3.37 million and a total 10-year cost of $23.66 million at a discount rate of 7 percent in 2024 dollars. The NPRM will result in annualized transfer payments (U.S. employers to other entities and individuals, including foreign workers) of up to $15.76 billion and total 10-year transfer payments of up to $110.66 billion at a discount rate of 7 percent in 2024 dollars.

One benefit of the NPRM 's increase in prevailing wages is the economic incentive to increase employee retention, training, and productivity which will increase benefits to both employers and U.S. workers. Strengthening prevailing wages will also help promote and protect jobs for U.S. workers. By ensuring that the employment of any foreign worker is commensurate with the wages paid to similarly employed U.S. workers, the Department will be protecting the types of white-collar, middle-class jobs that are critical to ensuring the economic viability of communities throughout the country. Finally, ensuring that skilled occupations are not performed at below-market wage rates by foreign workers will provide greater incentives for firms to expand education and job training programs. These programs can attract and develop the skills of a younger generation of U.S. workers to enter occupations that currently rely on elevated levels of foreign workers.

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Under development

]]> NPRM 03/27/2026 91 FR 15454 NPRM Comment Period End 05/26/2026 YES Businesses Local State No Undetermined Yes No Brian Pasternak Administrator 1205 Employment and Training Administration ETA 202 693-8200 oflc.regulations@dol.gov 200 Constitution Avenue NW, Office of Foreign Labor Certification; Room N-5311, FP Building, Washington DC 20210