DOL Issues New Rule Increasing PERM and H-1B Wage Minimums

On October 6, the Department of Labor (DOL) released a new rule, regarding the prevailing wages issued for PERM green card filings as well as H-1B, H-1B1, and E-3 nonimmigrant filings. Employers are required to pay these beneficiaries at least the prevailing (minimum) wage for their occupation, experience level, and geographic location. The DOL will be raising these wages to reflect the below percentiles, in essence changing a Level I wage to be almost equivalent to the former Level III wage for the same position:

Level I Wage: 45th percentile (from 17th percentile)
Level II Wage: 62nd percentile (from 34th percentile)
Level III Wage: 78th percentile (from 50th percentile)
Level IV Wage: 95th percentile (from 67th percentile)

The rule will be published and go into effect ton Thursday, October 8, but is expected to be challenged in court. Any updates on the challenges will be provided.