The Department of Labor (DOL or the Department) is amending regulations governing the issuance of prevailing wages for permanent labor certifications and Labor Condition Applications (LCAs) to increase the wage levels under the Department’s four-tiered wage structure.

Level I Wage: 45th percentile from 17th percentile. Level 1 wage will be close to the current wage level 3.

Level II Wage: 62nd percentile from 34th percentile Level 2 wage will be close to the current wage level 4.

Level III Wage: 78th percentile from 50th percentile

Level IV Wage: 95th percentile from 67th percentile

Employers will see an immediate increase to the wages associates with each wage level. This will effectively increase the “required wage” associated with H-1B, H-1B1, and E-3 benefit requests, and labor certification based immigrant visa petitions. The rule will apply to:

  • Applications for Prevailing Wage Determination, Form ETA-9141, pending with OFLC’s National Prevailing Wage Center (NPWC) as of October 8, 2020;
  • Applications for Prevailing Wage Determination, Form ETA-9141, filed with the NPWC on or after October 8, 2020; and
  • Labor Condition Applications for Nonimmigrant Workers (LCA), Form ETA-9035/9035E, filed with OFLC on or after October 8, 2020.