On September 22, 2025, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register (Document No. 2025-18473) that would raise prevailing wage levels for H-1B visa holders. This proposal follows President Trump’s recent Proclamation requiring a $100,000 fee for certain H-1B petitions, and is part of the administration’s broader effort to reform the H-1B program.
What the Proposal Says
- DOL proposes to revise prevailing wage levels for H-1B petitions to more closely reflect U.S. labor market conditions.
- Employers may be required to pay higher wages to H-1B workers, especially in high-demand industries.
- The proposal is designed to discourage wage undercutting and protect American workers.
- The NPRM is open for public comment before final rules are issued.
Why This Matters for Employers
If finalized, these changes would mean higher minimum salaries for H-1B sponsorship. Employers relying on the H-1B program should prepare for:
- Increased costs when filing new petitions,
- More scrutiny of wage levels in compliance audits, and
- The need to review current workforce planning and budgets.
NPZ Guidance
At this stage, the rule is only a proposal. However, it signals that wage requirements for H-1B cases are likely to become stricter. Employers should begin evaluating how higher wages could affect future hiring.
You can view the draft proposed rule here: Federal Register – Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions (Document No. 2025-18473, Public Inspection version):
View on Federal Register
Note: This is the public inspection version. The official publication is scheduled for September 24, 2025.
FAQ: Proposed H-1B Wage Rule
Q: Is the new H-1B wage rule already in effect?
No. The Department of Labor has only issued a proposed rule. Employers and the public can submit comments before the rule is finalized.
Q: How will the proposed rule affect H-1B petitions?
If finalized, the rule would raise prevailing wage levels, meaning employers will need to offer higher salaries to H-1B workers to meet compliance.
Q: Should employers take action now?
Yes. Employers should begin reviewing their workforce plans and budgets in anticipation of higher salary requirements, but no changes are required until the rule becomes final.
Contact NPZ Law Group
If you have questions about how this proposal, or the new $100,000 H-1B fee, may affect your immigration strategy, please contact NPZ Law Group at 201-670-0006 or email us at info@visaserve.com.
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