Policy updateJuly 7, 20266 min readBy Shangyanyan Li

Prevailing Wages Rise 3.3%: What H-1B and PERM Filers Need to Know

DOL's Wage Year 2026–27 data took effect July 1, raising prevailing wages in roughly 74% of occupations. Every new H-1B LCA and PERM filing must use the updated numbers — and under the wage-weighted lottery, even modest increases can shift selection odds.

Important disclaimer

Haven provides general information only. Nothing on this page is legal advice, and it should not be treated as a substitute for advice from a qualified immigration lawyer or accredited legal representative. Immigration outcomes depend on the specific facts of your case. If you need case-specific guidance, consult a lawyer before making decisions or filing.

What Happened

On June 29, 2026, the Department of Labor's Office of Foreign Labor Certification (OFLC) released updated Occupational Employment and Wage Statistics (OEWS) prevailing wage data for [Wage Year 2026–27](https://flag.dol.gov/wage-data/wage-search). The new wage rates took effect on July 1, 2026, and apply to all new H-1B, H-1B1, E-3, and PERM labor certification filings that rely on prevailing wage determinations.

An [analysis by Boundless Immigration](https://www.boundless.com/blog/2026-prevailing-wage-updates-employers) comparing approximately 179,000 occupation-by-metro combinations found that prevailing wages rose in roughly 74% of them. The median increase nationwide was 3.3%. The update reflects underlying Bureau of Labor Statistics survey data and is the standard annual refresh — but this year's numbers land in a landscape transformed by the wage-weighted H-1B lottery and a pending DOL proposal to raise the minimum wage floor from the 17th to the 34th percentile.

Which Occupations Saw the Biggest Increases

The wage increases varied significantly by occupation family. The largest median increases hit fields where employers frequently sponsor foreign workers:

  • Life, physical, and social sciences: +5.2%
  • Legal occupations: +5.2%
  • Arts and media: +5.1%
  • Healthcare practitioners: +4.0%
  • Computer and mathematical occupations: +3.4%

Protective service and agricultural occupations saw little to no change. Several individual occupation-metro combinations showed unusually large swings, likely driven by small BLS survey sample sizes rather than real labor-market shifts — review those cases carefully before filing.

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The Silicon Valley Exception

While technology wages generally increased across major hiring markets, one region bucked the trend. In the Santa Clara/San Jose metropolitan area, prevailing wages fell for both Software Developers (−2.1%) and Data Scientists (−5.7%), making it the only major metro in the Boundless analysis where both occupations declined year over year.

Despite those decreases, Santa Clara continues to have the highest prevailing wage levels in the country for both roles. The decline likely reflects a normalization in an already exceptionally high-paying market rather than weakening demand for tech talent. Other major tech metros saw increases: San Francisco Software Developers rose 3.0%, Boston rose 4.9%, and New York rose 3.0%.

Tech Metro Wage Changes at a Glance

The following metro-level data for key technology occupations illustrates the regional variation (all figures represent the year-over-year change from Wage Year 2025–26 to 2026–27):

  • San Francisco — Software Developers: +3.0%, Data Scientists: +6.2%, Engineers (avg): +3.0%
  • Santa Clara / San Jose — Software Developers: −2.1%, Data Scientists: −5.7%, Engineers (avg): +2.0%
  • Los Angeles — Software Developers: +2.9%, Data Scientists: +4.7%, Engineers (avg): +3.7%
  • New York — Software Developers: +3.0%, Data Scientists: +3.5%, Engineers (avg): +1.9%
  • Boston — Software Developers: +4.9%, Data Scientists: −0.8%, Engineers (avg): +0.3%
  • Austin — Software Developers: +3.0%, Data Scientists: +1.6%, Engineers (avg): +1.6%
  • Dallas — Software Developers: +2.7%, Data Scientists: +3.4%, Engineers (avg): +4.7%

Why This Matters More Than Usual

The annual prevailing wage refresh is a routine event, but three concurrent policy shifts amplify its significance this year.

First, the [wage-weighted H-1B lottery](https://haven-five-hazel.vercel.app/blog/h1b-wage-weighted-lottery-fy2027-results) — effective for the FY2027 cap season — assigns selection entries based on OEWS wage level. A Level IV position receives four entries, Level III receives three, Level II receives two, and Level I gets one. When prevailing wages rise, the gap between an employer's offered salary and the next wage-level threshold shrinks. A position that comfortably cleared Level III last year might now fall to Level II, cutting its lottery entries from three to two.

Second, DOL's [proposed prevailing wage rule](https://haven-five-hazel.vercel.app/blog/dol-h1b-perm-wage-rule-2026-comment-period) would raise the entry-level floor from the 17th to the 34th percentile of surveyed wages for H-1B, H-1B1, E-3, and PERM filings. If finalized, this would compound the effect of the annual data increase. The Spring/Summer 2026 Unified Regulatory Agenda, [released July 5](https://www.business-standard.com/immigration/trump-s-new-immigration-roadmap-and-what-it-means-for-h-1bs-students-126070700341_1.html), confirmed DOL plans to finalize this rule.

Third, the [DOL PERM recruitment overhaul](https://haven-five-hazel.vercel.app/blog/dol-perm-recruitment-overhaul-2026) now in rulemaking would modernize the labor market test for employer-sponsored green cards. Together, these three developments — higher baseline wages, a wage-sensitive lottery, and tighter recruitment standards — create materially higher costs and compliance burdens for EB-2 and EB-3 sponsorship.

What Attorneys Should Know

The updated OEWS data applies to all Labor Condition Applications (LCAs) filed on or after July 1, 2026. Under [20 CFR § 655.731(a)](https://www.ecfr.gov/current/title-20/chapter-V/part-655/subpart-H/section-655.731), employers must pay H-1B workers at least the prevailing wage for the occupation in the area of intended employment. The prevailing wage is determined by the OEWS wage level at the time of the LCA filing.

For PERM labor certification cases, prevailing wage determinations (PWDs) requested from the OFLC National Prevailing Wage Center after July 1 will use the new data. Existing valid PWDs issued under the prior wage year remain valid for their stated validity period — typically 90 days from the determination date, with an additional 90-day extension available.

Key practice points: (1) Re-run the OFLC [Online Wage Library](https://flag.dol.gov/wage-data/wage-search) search for any position where the offered salary was within 5% of the old prevailing wage — even a 3% increase can push a case below the threshold. (2) For H-1B registrations, recalculate which OEWS wage level the offered salary now falls into; a shift from Level III to Level II reduces lottery entries by one-third. (3) For PERM cases in preparation, confirm that the offered wage still meets or exceeds the prevailing wage before beginning recruitment.

What Applicants Should Do

If your employer is sponsoring you for an H-1B visa or an employment-based green card, the new prevailing wage data could affect your case. Here is what to check:

  • Ask your employer or immigration attorney to verify that your offered salary still meets the prevailing wage for your specific occupation and work location using the updated Wage Year 2026–27 data.
  • If you are in the H-1B lottery pipeline for FY2027 and your petition has not yet been filed, confirm your offered wage level has not shifted downward under the new data — this directly affects your selection odds.
  • If your employer is preparing a PERM labor certification, be aware that the prevailing wage determination may come back higher than expected. Discuss with your attorney whether the offered wage needs to be adjusted before recruitment begins.
  • If you are an H-1B worker whose current LCA was filed before July 1, your existing prevailing wage obligation does not change mid-cycle. The new data applies only when a new LCA is filed — typically at extension, transfer, or amendment.

No immediate action is required if your current H-1B or PERM case was already filed with a valid prevailing wage determination. The new data matters only for new filings.

Looking Ahead

The annual wage data refresh is one piece of a rapidly shifting landscape for employment-based immigration. The Spring/Summer 2026 Unified Regulatory Agenda also signals that DHS plans to propose new H-1B regulations as early as August 2026, targeting cap-exemption eligibility criteria, third-party placement rules, and employer compliance requirements. Combined with the prevailing wage rule finalization and the PERM recruitment overhaul, employers sponsoring foreign workers face a significantly more complex and costly environment in the second half of 2026.

Attorneys and employers should audit their current and planned filings against the new wage data now, before additional regulatory changes take effect.

Sources

OFLC Online Wage Library — Wage Year 2026–27 Data

DOL Office of Foreign Labor Certification

Open source

2026 Prevailing Wage Updates: What Employers Need to Know

Boundless Immigration

Open source

US: Immigration News Update – July 6, 2026

Corporate Immigration Partners

Open source

Trump's new immigration roadmap and what it means for H-1Bs, students

Business Standard

Open source

H-1B After the First Weighted Lottery: What Changed, What's Next

Reddy Neumann Brown PC

Open source

20 CFR § 655.731 — Wage Requirements for H-1B Workers

Electronic Code of Federal Regulations

Open source

Frequently asked

When did the new prevailing wage data take effect?

The Wage Year 2026–27 OEWS prevailing wage data was released by DOL's Office of Foreign Labor Certification on June 29, 2026, and took effect on July 1, 2026. All new H-1B Labor Condition Applications and PERM prevailing wage requests filed on or after that date must use the updated data.

How much did prevailing wages increase in 2026?

Prevailing wages increased in approximately 74% of occupation-metro combinations nationwide, with a median increase of 3.3%. Life/physical/social sciences and legal occupations saw the largest jumps at +5.2%, while computer and mathematical occupations rose +3.4%. Some occupations and metros saw decreases — notably, Silicon Valley software developer wages fell 2.1%.

Does the new prevailing wage affect my current H-1B?

No. If your current H-1B was filed with a valid LCA before July 1, 2026, your employer's prevailing wage obligation does not change. The new data applies only when a new LCA is filed — typically at extension, transfer, amendment, or a new petition.

How do prevailing wage changes affect H-1B lottery odds?

Under the wage-weighted H-1B lottery (effective FY2027), selection entries are based on the OEWS wage level of the offered salary. When prevailing wages rise, a salary that previously qualified as Level III (3 entries) might now fall to Level II (2 entries), reducing selection odds by about one-third. Employers should re-check their offered wage against the updated OEWS data before the next registration period.

Do I need a new prevailing wage determination for my PERM case?

Only if your current prevailing wage determination has expired or if you are requesting a new one. Existing valid PWDs issued under the prior wage year remain valid for their stated validity period (typically 90 days, with a 90-day extension). If you request a new PWD after July 1, 2026, it will reflect the Wage Year 2026–27 data.

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