The Department of Labor (DOL) has published a new regulation that substantially increases the prevailing wage levels used when filing H-1B and E-3 work visa applications and PERM labor certification applications. This new DOL rule is effective immediately.

However, since DOL circumvented the normal rulemaking process to roll out this new rule with very weak legal justifications for doing so, we expect this new rule will be challenged in court.w rule with very weak legal justifications for doing so, we expect this new rule will be challenged in court.