Immigration Law Insights

The Department of Labor ("DOL") has issued a proposal which could affect employers of certain nonimmigrant (H-1B, H-1B1, E-3) and/or immigrant (EB-2/EB-3 PERM) workers. For those affected employers, the prevailing wage for those employees could increase by more than 33% if the rule is implemented.

Background

In various employment-based immigration contexts, sponsors are required to pay foreign workers at a level equaling or exceeding the prevailing wage assigned by DOL. The prevailing wage rate is based on a four-tier scale: Level I (entry), Level II (qualified), Level III ...