What did DOL propose?
On March 27, 2026, the Department of Labor published a proposed rule, "Improving Wage Protections for H-1B and PERM Employment in the United States" (RIN 1205-AC30). It keeps four wage levels but moves each one higher in the pay distribution. DOL estimated the change would raise the average certified wage by about $14,000 a year.
| Level | Today (approx. percentile) | Proposed (approx. percentile) |
|---|---|---|
| Level I | 17th | 34th |
| Level II | 34th | 52nd |
| Level III | 50th | 70th |
| Level IV | 67th | 88th |
Is it final?
No, as of October 14, 2026. The comment period closed on May 26, 2026. We have found no final rule. Many practitioners expect one could follow, but the timing and the final numbers are unknown.
How would it affect my lottery level?
If finalized as proposed, every threshold would rise. Roughly, today's Level II wage (about the 34th percentile) would become the new Level I minimum, and reaching the new Level IV would take a salary near the 88th percentile, well above today's Level IV. A salary that is Level III today could fall to Level I or II under the new tables, with fewer lottery entries.
Would it apply to the FY 2028 registration?
Only if a final rule takes effect before registration and DHS applies the new levels to the weighted selection. Until then, the current wage tables apply. We will update this site, and this guide, if a final rule is published.
Sources
- Ogletree: DOL proposed rule would increase wage levels
- Holland & Knight: sweeping prevailing wage increases proposed
- Congressional Research Service: Prevailing wage requirements for H-1B workers
Not legal advice. Confirm your situation with your employer or an immigration attorney.