NFAP Says Trump H-1B Wage Rule Likely Unlawful After 33% Salary Hike Proposal
Updated
Updated · Forbes · May 26
NFAP Says Trump H-1B Wage Rule Likely Unlawful After 33% Salary Hike Proposal
2 articles · Updated · Forbes · May 26
A new NFAP analysis says the Labor Department’s proposed H-1B wage rule likely violates immigration law because it would force employers to pay many foreign professionals up to 33% above market rates.
The report says current prevailing wages already track private market surveys closely—just a 1% average gap across 55 city-occupation comparisons—undercutting DOL’s claim that H-1B workers are underpaid.
NFAP argues DOL built a false wage gap by comparing mostly early-career H-1B hires with all U.S. workers in the same occupations, including more experienced employees and compensation such as bonuses and second jobs.
The proposed increases are steep: Level I wages would rise 33% on average, including a San Francisco software developer minimum jumping $45,310 to $181,009; comments were due May 26.
The rule could take effect before the March 2027 H-1B registration cycle, adding to broader Trump-era restrictions that already include a $100,000 entry fee and tougher green-card processing.
Will the proposed H-1B wage hike protect U.S. jobs or force companies to move innovation and high-skilled roles offshore?
After a key Supreme Court ruling, can the government's plan to dramatically raise H-1B wages survive the expected legal challenges?
The 2026 H-1B Wage Hike: 24% Salary Jump, Legal Uncertainty, and the Future of U.S. High-Skilled Immigration
Overview
The Trump administration has proposed a new rule to significantly increase H-1B prevailing wage requirements, building on previous attempts that were either struck down or withdrawn. This latest proposal features a phased implementation schedule and updated economic impact analysis to better withstand legal challenges. Immigration experts predict substantial wage increases for H-1B positions, which could force some employers to stop sponsoring visas or move jobs abroad. The rule has sparked strong public response and is expected to face legal battles, with its design aiming to address past procedural issues and enhance its chances of surviving in court.