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Department of Labor: H-1B and PERM Labor Certification Overhaul Coming

Prevailing wage overhaul anticipated!A black and white photograph of a woman is holding multiple dollar bills fanned out in-front of her face. Her eyes are peeking out over the top. The words, "Prevailing Wage Change Coming" is in the middle of the image. The Lentini globe logo is in the bottom right-hand corner.

Over the past year, the Department of Labor (DOL) has indicated that it would adjust the Prevailing Wages for Foreign Nationals in the National Prevailing Wage database. With much back and forth due to the transition in the Presidential Administrations, the DOL has delayed rolling out the new wages until November 2022. The new wages will affect all H-1B cases and green card applications based on a labor certification. By law, the employer must meet the prevailing wage in the area of employment for the H-1B as well as for a labor certification. Once the new wages are in place, the wages in the national database will undoubtedly be inflated to rates beyond what a company is currently paying foreign nationals. Since the wage increases had bipartisan support in Congress, it is speculated that some percentage of increase in wages will occur, even if it is not as high as the proposed rates.

If an employer wishes to retain foreign nationals beyond the time allotted on the nonimmigrant visa, we recommend beginning the green card process in the next year to lock in a wage under the current DOL system. We are ready and on stand by to assist your organization in navigating the ever changing landscape of DOL prevailing wages. Please contact me at +630-262-1435 or