Work & SkillsEntry PF-571591 · Page 40 · Stamped OCT 13, 2026

New U.S. Rule Raises H-1B and Immigrant Visa Wage Floors

Forbes reports a new U.S. immigration rule raises salary floors that employers must pay H-1B specialty-occupation workers and applicants in employment-based immigrant visa categories. Specific levels remain pending official publication.

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New Immigration Rule Raises Required H-1B Visa And Immigrant Salaries - Forbes
New Immigration Rule Raises Required H-1B Visa And Immigrant Salaries - ForbesPhoto — AI-generated

Entry details

  • Forbes reported a new U.S. immigration rule raising salary floors on H-1B and employment-based immigrant visas.
  • H-1B annual cap remains 85,000 visas: 65,000 in the regular cap and 20,000 reserved for U.S. advanced-degree holders.
  • Wage levels derive from the Department of Labor's Occupational Employment and Wage Statistics (OEWS) survey and apply to PERM labour certification as well.
  • Revised wage tables, Federal Register citation, and the rule's effective date were not stated in the Forbes headline captured.
  • The rule affects both H-1B temporary sponsorship and PERM green-card sponsorship simultaneously.

A new U.S. immigration rule reported by Forbes raises the salary floors on H-1B and employment-based immigrant visas. The Federal Register citation, revised tables, and effective date were not in the Forbes summary captured here; practitioners should confirm through agency sources.

Forbes' headline points to an adjustment in the wage-level framework that anchors U.S. employer-sponsored pipelines. The H-1B programme lets companies hire foreign workers in roles that typically require a bachelor's degree or higher. Employment-based categories EB-2 and EB-3 lead to lawful permanent residence.

What does the rule change?

Wage-level floors. H-1B employers must pay the higher of the actual wage paid to comparable U.S. workers or the prevailing wage set by the Department of Labor using the OEWS survey. PERM labour certification for green-card sponsorship uses the same prevailing-wage framework. When those levels rise, every new filing must meet the higher minimum.

Who is affected?

U.S. employers sponsoring foreign workers face the broadest impact. H-1B cap-subject petitioners, working with an 85,000-visa annual cap split between 65,000 regular and 20,000 reserved for U.S. advanced-degree holders, will see new wage-level minimums at filing. PERM-stage employers see the same change.

Foreign workers inside the system see the new wage apply on a new petition, an extension, a change of employer, or an adjustment of status.

When does it take effect?

The Forbes headline did not state the effective date. Wage-level updates typically follow the Bureau of Labor Statistics' annual OEWS release. The Department of Labor's OFLC publishes revised tables through the FLAG portal. USCIS adopts the same levels for H-1B filings. The implementing notice and revised schedules will appear on agency sites once posted.

What does this change for employers and workers?

Recalculate every offer. Before filing a Labour Condition Application or starting a PERM case, employers must confirm the new prevailing wage for the occupation and work location. Mismatched filings draw denials and audit exposure.

For sponsored workers, the practical question is whether the paycheck has to rise. If an extension, change of employer, or green-card filing lands after the rule's effective date, the wage must hit the new floor for the role and geography. Workers should ask counsel which wage step applies at the next filing.

Where to verify the rule

The Forbes headline establishes that a rule exists. Specific wage-level tables, publication date, and any comment period appear in the Federal Register entry. The OFLC and USCIS websites will carry implementing guidance once posted. Source coverage comes from Forbes; the underlying agency documents remain the authoritative reference.

via GN New Visa Programmes (Source)

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Marcus Bennett

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Staff writer covering money, funding and market shifts around Immigration and mobility policy worldwide at Passport File.

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