OMB Reviews Final Prevailing Wage Rule
The Labor Department's rule would raise prevailing wage minimums for several foreign worker visa programs.
Updated on Nov. 9, 2026 in Employment
Live Poll
Should the federal government raise minimum wages required for employers hiring foreign workers?
The Department of Labor has finalized a prevailing wage rule and submitted it to the Office of Management and Budget for federal review. The rule would increase prevailing wage minimums for H-1B, H-1B1, E-3, and PERM foreign worker programs.
Why it matters
The rule would raise the wages employers must pay foreign workers under these programs, affecting how sponsoring employers and workers are compensated across the United States. Its final contents remain confidential until publication in the Federal Register.
The proposed rule drew a 60-day public comment period before being finalized and sent to the Office of Management and Budget. Implementation is expected 30 or 60 days after publication, though the exact timeline and final wage levels remain unpublished.
The players
U.S. Department of Labor
The federal agency responsible for administering labor standards and the prevailing wage system for foreign worker programs.
Office of Management and Budget
The White House office that reviews significant federal regulations before they are published.
The details
The Department of Labor issued a proposed prevailing wage rule in late March 2026 and accepted public comments for 60 days. The agency has since finalized the rule and submitted it to the Office of Management and Budget, and the rule will specify its implementation date upon publication in the Federal Register.
Timeline
Late March 2026: Department of Labor issues proposed prevailing wage rule.
After 60-day comment period: Department finalizes rule and submits it for federal review.
30 to 60 days after Federal Register publication: Expected implementation of the final rule.
Roadmap
The final rule revises the four-level prevailing wage system that governs H-1B, H-1B1, E-3, and PERM foreign worker programs, raising the minimum wage levels set under that framework. It follows a proposed version issued in late March 2026 and moves the revision closer to publication.
Employers sponsoring H-1B, H-1B1, E-3, or PERM workers will need to meet higher prevailing wage minimums once the rule takes effect. Foreign workers in these programs may see their required pay floors rise as a result.
The takeaway
Employers and workers in foreign worker visa programs should watch for the Federal Register publication, since that date will set the implementation timeline and reveal the final wage levels. Reviewing current prevailing wage obligations now can help sponsors prepare for the coming change.
What happens next
The final rule will take effect 30 or 60 days after its publication in the Federal Register, at which point the new prevailing wage minimums will apply.
Further reading
Explore more on Employment policy and worker pay trends across the country.
Source note: This article includes information reported by Fragomen - Immigration attorneys, solicitors, and consultants worldwide - Brazil: Visa Requirement Date for Nationals of Australia, Canada and the United States Postponed.
Live Poll
Should the federal government raise minimum wages required for employers hiring foreign workers?
