The Department of Labor (DOL) recently released a proposed rule that would change the existing methodology for determining prevailing wage levels in the permanent labor certification, H-1B, H-1B1, and E-3 visa programs. It is important to note that the PERM process is a required step for most employers seeking to sponsor a worker for an EB3 green card, which long term care centers utilize for hiring nurses.
Specifically, DOL is proposing to amend its regulations governing the PERM program and Labor Condition Applications, to incorporate changes to the computation of wage levels under the Department's four-tiered prevailing wage structure, based on the Occupational Employment and Wage Statistics wage survey administered by the Department's Bureau of Labor Statistics. The new percentiles would significantly change the wages levels.
For example, the current Level 1 is based upon the 17th percentile and the proposed rule seeks to change it to the 34th percentile, which where Level 2 wage currently is. This would push all wage levels up.
You can learn more on this proposal in the DOL news release. AHCA/NCAL is reviewing the proposal, which is not yet finalized or in effect, to determine any potential impacts for long term care providers that use EB3 visas. The DOL does not propose to apply the new regulations (if finalized) to any previously approved prevailing wage determinations, permanent labor certification applications, or Labor Condition Applications, either through reopening or through issuing supplemental prevailing wage determinations or through notices of suspension, invalidation, or revocation. For those interested, you can submit comments on the proposed rule on or before May 26, 2026, in the Federal Register here.