The US administration has proposed a significant overhaul of its skilled immigration rules, recommending a roughly 30% increase in the minimum wage requirements for companies hiring foreign workers under the H-1B visa programme.
The move, led by the Department of Labour (DOL), is aimed at strengthening wage protections and ensuring that foreign hiring does not undercut US workers’ salaries.
Major revision to wage structure
The proposal, titled “Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States,” seeks to update the four-tier wage system that governs H-1B employment.
Under the revised framework, entry-level (Level I) wages would rise from the 17th percentile of local wage data to the 34th percentile—an increase of about 33%. This would raise minimum annual salaries from around $73,279 to nearly $97,746.
Other levels would also see upward adjustments:
Level II: about $123,212
Level III: about $147,333
Level IV: about $175,464
Government justification
The Department of Labour argues that the current wage benchmarks are outdated and no longer reflect prevailing market conditions. Officials say the existing system enables companies to hire foreign workers at below-market rates, creating “wage arbitrage” and potentially disadvantaging American workers.
The revised wage methodology would also impact related visa categories, including H-1B1, E-3, and employment-based green card processes.
Industry concerns and consultation window
The proposal is currently open for public feedback until May 26, 2026, after which it will be reviewed before a final rule is issued.
While labour groups have supported the move as a safeguard for domestic employment, several technology firms and academic institutions have raised concerns. They warn that higher wage thresholds could significantly increase hiring costs, especially for startups and companies dependent on early-career international talent.
Critics also suggest the changes could affect international students transitioning into US jobs and may push firms to shift hiring offshore.
Policy context
The proposal resembles an earlier attempt made during the previous Trump administration, which was later struck down in court and withdrawn. However, the current version is backed by a 2025 presidential proclamation, giving it a stronger policy foundation.
If implemented, the rule would apply to new labour applications and renewals filed after it comes into force, potentially reshaping employment prospects for thousands of Indian professionals in the United States.
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