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New 2026–27 Prevailing Wages Are Live: Employers Must Recheck H-1B and PERM Pay

New OEWS wage data for 2026-27 affects wage determinations for H-1B, PERM, and related filings; employers must verify current wages and adjust filings; outdated wages may jeopardize filings.

The Department of Labor’s Office of Foreign Labor Certification has put new Occupational Employment and Wage Statistics data into effect for the July 1, 2026 through June 30, 2027 wage year. The data are based on the Bureau of Labor Statistics’ May 2025 estimates and use the 2018 Standard Occupational Classification system. They affect new immigration filings that rely on current prevailing-wage information, including many H-1B, H-1B1, E-3, and PERM matters.

Employers should not reuse a wage figure from last year without checking the current data for the exact occupation, wage level, and geographic area. Even a modest increase can make a planned salary too low for a new Labor Condition Application, prevailing-wage request, recruitment plan, or case filing. Some wages decreased, so national averages are not a substitute for a case-specific search. For H-1B workers, the required wage is generally the higher of the applicable prevailing wage or the employer’s actual wage for similarly employed workers.

Before submitting a new LCA or moving forward with PERM recruitment or filing, employers should run a fresh wage search, confirm the correct worksite and occupational code, and compare the result with the offered salary and internal pay structure. Budget teams should also review planned extensions or amended petitions that will require a new wage analysis. Existing sponsored employees do not automatically need a pay change solely because the annual dataset changed, but a new filing may trigger a new review.

Employers that discover a shortfall should pause before filing and evaluate lawful salary, role, location, or case-strategy adjustments with immigration counsel. Document the wage source and calculation used for every submission.

What This Means for You:

  • Key Point 1: New federal prevailing-wage data is now in effect for many employment-based immigration filings.
  • Who Should Be Concerned: Employers, HR teams, foreign workers, and counsel preparing H-1B, H-1B1, E-3, PERM, or related wage-dependent filings.
  • Timeline for Action: Effective July 1, 2026 through June 30, 2027; recheck wages before the next affected filing.
  • Next Steps: Confirm the current occupation, wage level, and worksite rate, compare it with the offered and actual wage, and resolve any shortfall before filing.
Source: Dol.gov
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