A third-party analysis found that the Department of Labor’s (DOL’s) H-1B visa wage increase is likely illegal. According to Forbes, the National Foundation for American Policy (NFAP) claimed the wage increase wasn’t based on legitimate wage surveys. The organization basically accused the DOL of inventing evidence to drive policy.
The DOL states there was a wage gap through using Labor Condition Application files (LCAs), which includes people with far more experience than most H-1B applicants. Additionally, the DOL’s “all workers” category includes bonuses, second jobs, and other forms of compensation employer’s can’t use on H-1B applications.
Of all the concerns surrounding the proposed wage changes, the greatest is that it might force employers to increase their pay or leave critical positions unfilled. The final review period ended on May 26, 2026.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.