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Likely Increase In Wage Requirements For H-1B, E-3, H-1B1, and PERM

 

The Department of Labor (DOL) sent a rule that will increase H-1B, E-3, H-1B1, and PERM wage requirements to the Office of Management and Budget for review. The text of the rule is not yet available, but the DOL is likely aiming to increase wage requirements, which will make it harder for U.S. employers to hire foreign workers in H-1B, E-3, and H-1B1 status plus harder for U.S. employers to sponsor foreign workers through the PERM-based green card process.

The Office of Management and Budget has up to 90 days to review the rule. Once the rule is reviewed and cleared, the new requirements will take a near-immediate effect without public feedback. Legalpad is closely monitoring developments and we will provide an update if these requirements go into effect.

What does this mean? 

The likely increase in wage requirements will make it more difficult for employers to sponsor foreign workers for H-1B, E-3, and H-1B1 work authorization and sponsor employment-based green cards through PERM. Employers and workers should explore alternative options:

  • The O-1 “Alien of Extraordinary Ability” may be an alternative option to H-1B, E-3, and H-1B1, because there is no DOL-mandated salary requirement for the O-1.
  • The EB-1 and EB-2 National Interest Waiver may be alternative options for employment-based green card sponsorship. The EB-1 and EB-2 National Interest Waiver do not require PERM filings and do not have DOL-mandated wage requirements.

We’re here to help! You can reach out to Legalpad for a free consultation and to learn more about the O-1, EB-1, and EB-2 National Interest Waiver options.