The proposed Department of Labor rule titled, Improving Wage Protections for H-1B and PERM Employment In The United States, has passed the review of the Office of Management and Budget (OMB). Details of the proposed DOL rule have not yet been released, but it could mean a revision to how prevailing wages are calculated. The proposed rule could mean an increase to prevailing wages for temporary and permanent employment-based immigration programs.
The DOL submitted the proposed rule to the OMB for review two months ago on December 17, 2026. The OMB evaluates draft regulations for consistency with administration policy and cost benefit consideration. Although the details of the proposed rule are currently confidential, the proposed rule is expected to enhance wage protections in H-1B and PERM employment in the United States.
Publication in the Federal Register for public feedback
The proposed rule will move to publication in the Federal Register for public comment. This comment period typically lasts 30 to 60 days and allows the public the opportunity to inform the Administration of the impact the proposed rule may have. After the rule is finalized it will be published with an effective date, normally 30 to 60 days after publication. It is unclear when the DOL will publish the proposed rule in the Federal Register. Vialto will continue to monitor the progress of the proposed rule and provide updates once available.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Julie Guzman
Senior Associate
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