US to Make H-1B Visa for Foreign Workers Even Harder

The United States may raise the minimum pay employers must offer foreign workers under the H-1B visa program and other key immigration pathways, according to a revised proposal now under federal review.

The Department of Labor (DOL) has sent the proposal to the Office of Management and Budget. While the document remains confidential, early signs suggest it could increase minimum salary requirements for foreign workers under the H-1B, H-1B1, and E-3 visa programs, as well as PERM immigration cases.

If implemented, the change could affect thousands of foreign professionals planning to work in the United States.

What Could Change

The proposal focuses on the “prevailing wage” system, which determines the minimum salary an employer must pay a foreign worker based on the job, experience level, and location.

The United States currently uses a four-level wage structure. The new proposal could raise the minimum salary required at each level, making it more expensive for employers to sponsor foreign workers.

Higher salary requirements could also reduce the number of lower-paid, entry-level positions available under the H-1B program and similar visa categories.

What Happened Before

This is not the first time the U.S. government has tried to increase wage requirements for foreign workers.

In 2021, during the Trump administration, the Department of Labor introduced a rule that would have significantly raised minimum wage levels. The proposed changes were:

• Level 1 (Entry-level): from the 17th percentile to the 35th percentile, up 18 points
• Level 2 (Qualified): from the 34th percentile to the 53rd percentile, up 19 points
• Level 3 (Experienced): from the 50th percentile to the 72nd percentile, up 22 points
• Level 4 (Highly experienced): from the 67th percentile to the 90th percentile, up 23 points

That rule faced legal challenges and was later withdrawn after a change in administration.

The Biden administration also planned its own wage revision proposal, but the plan was delayed and later removed from its regulatory agenda.

Who Could Be Affected

If approved, the new rule could affect several major work visa and immigration pathways.

H-1B Visa

The H-1B visa allows U.S. employers to hire foreign professionals in specialty occupations such as IT, engineering, healthcare, finance, and research. These jobs usually require advanced qualifications or technical expertise.

H-1B1 Visa

The H-1B1 visa is a specialized version of the H-1B available only to citizens of Chile and Singapore. It allows professionals to work in specialty occupations that require theoretical and practical knowledge.

E-3 Visa

The E-3 visa is for Australian citizens seeking employment in the United States in specialty occupations that require professional skills, academic qualifications, or specialized industry knowledge.

PERM Labor Certification

PERM labor certification is a key step in the employer-sponsored green card process. It requires U.S. employers to show that no qualified or willing U.S. worker is available for the job being offered.

Why It Matters

Higher prevailing wages usually mean employers must offer stronger salary packages to hire foreign talent. While that can benefit skilled professionals, it may also reduce opportunities for entry-level applicants or smaller companies with limited budgets.

For international workers, especially those planning to apply for an H-1B visa or an employer-sponsored green card, salary thresholds are an important part of eligibility.