Frequently asked questions based on recent immigration news
PERM|Week of Mar 30 - Apr 5, 2026
On March 26–27, 2026, the Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) that would significantly raise prevailing wage requirements for EB-3 PERM labor certifications. The rule shifts all four wage tiers upward in the Bureau of Labor Statistics (BLS) wage distribution, meaning employers would need to offer higher salaries to legally sponsor EB-3 workers.
Each of the four wage tiers would increase substantially: Level I rises from the 17th to the 34th percentile (~33% higher), Level II from the 34th to the 52nd percentile (~24% higher), Level III from the 50th to the 70th percentile (~21% higher), and Level IV from the 67th to the 88th percentile (~22% higher). DOL estimates the average certified wage would increase by approximately $14,000 per worker per year.
The proposed rule would effectively eliminate Level I PERM sponsorships as we know them today. The new Level I floor would be raised to what is currently the Level II threshold, making entry-level and early-career EB-3 sponsorships significantly more expensive — and potentially unviable for small employers and startups.
Employers in healthcare, universities, research institutions, technology, and engineering sectors that rely heavily on early-career PERM-sponsored workers are expected to feel the greatest impact. Small employers and startups in particular may find sponsorship cost-prohibitive under the new wage floors.
No, this rule is not yet in effect. It is currently an NPRM (proposed rule) open for public comment, and the implementation timeline has not been confirmed. No immediate action is required, but employers and applicants should monitor the rulemaking process closely.
EB-3 applicants currently in the PERM process should consult with their immigration attorney to assess whether their offered wage meets the potential new thresholds. Employers may need to reassess pending and future PERM filings and evaluate their immigration budgets in anticipation of the rule being finalized.
Workers covered by a Collective Bargaining Agreement (CBA) would not be directly affected. For CBA-covered positions, the union wage in the agreement continues to serve as the prevailing wage, bypassing the OEWS-based tier calculation that this proposed rule revises.
This FAQ is generated from recent immigration news and is for informational purposes only. It does not constitute legal advice. For legal guidance, please consult a qualified immigration attorney.