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Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States

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1205-AC30
Last modified
Jun 26, 2026
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closed 63d ago
Cato Institute filings
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Cato Institute filed 1 comment on this docket between May 28, 2026 and May 28, 2026. 8 other organizations filed here. The comment window closed 63d ago.

What Cato Institute filed (1)

May 28, 2026· Comment from Cato Institute· ETA-2026-0001-1270

Dear Mr. Pasternak: My colleagues at the Cato Institute and I (David J. Bier) submit the following comments in response to the above-referenced notice and request for comments published by the Department of Labor (Department or DOL) in the Federal Register on March 27, 2026 (the Proposed Rule or the Rule). The notice solicits comments on the Proposed Rule which would revise the DOL Office of Foreign Labor Certification's (OFLC) prevailing wage methodology in the H-1B, H-1B1, and E-3 nonimmigrant processes and the Program Electronic Review Management (PERM) process for legal permanent residence. The Cato Institute is a nonpartisan, nonprofit, public policy research organization in Washington, D.C. It has conducted original research on immigration policy for nearly half a century. Cato scholars submit comments on proposed rules, submit amicus briefs in federal courts, and are regularly invited to testify before Congress. This background in quantitative economic research gives Cato a unique perspective on the proposed rule. The proposed rule increases the mandatory minimum wage—known as the prevailing wage—for employer-sponsored immigrants and H-1B nonimmigrants. DOL claims that H-1B and other employer-sponsored foreign workers are paid "below market" wages, and its rule fixes this problem. But the proposed rule just inflates wages to restrict the supply of skilled foreign workers beyond what the law allows. Please see the attached comment.

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Abstract

The Department of Labor (DOL) proposes to amend regulations governing the prevailing wages for employment opportunities that U.S. employers seek to fill with foreign workers on a permanent or temporary basis through certain EB-2 and EB-3 employment-based immigrant visas via the Permanent Labor Certification program or through H-1B, H-1B1, or E-3 nonimmigrant visas. These changes would better align prevailing wage levels with the wages paid to workers who are similarly employed, strengthen program integrity, and more effectively ensure that the employment of foreign workers does not adversely affect the wages and working conditions of U.S. workers.

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Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States (ETA) — Cato Institute | OpenPolis