Sonderling Nominated as DOL Secretary: H-1B and PERM Impact

What Happened

On June 29, 2026, President Donald Trump [announced on Truth Social](https://truthsocial.com/@realDonaldTrump/116835841525431179) that he intends to nominate Keith Sonderling to serve as Secretary of Labor. Sonderling, 43, has been serving as Acting Secretary since April 20, 2026, when he was elevated after former Secretary [Lori Chavez-DeRemer resigned](https://www.cbsnews.com/news/lori-chavez-deremer-leaving-trump-administration/) amid an inspector general investigation into allegations of professional misconduct.

"Throughout his career, Keith has proven his dedication to delivering strong results for the Hardworking People of our Country, and I know he will do an incredible job in his new role," Trump wrote in the announcement. The nomination requires Senate confirmation. Sonderling was previously confirmed as Deputy Secretary of Labor in a [53–46 vote](https://www.upi.com/Top_News/US/2026/06/30/Trump-nominates-Keith-Sonderling-Labor-secretary/3931782793252/) on March 12, 2025.

For the employment-based immigration community, this is not a routine Cabinet appointment. The Department of Labor is the gatekeeper for two critical pillars of the employment-based visa system: prevailing wage determinations that set the floor for H-1B compensation, and PERM labor certifications that employers must obtain before sponsoring workers for EB-2 and EB-3 green cards.

Who Is Keith Sonderling

Sonderling brings direct experience with the DOL functions that matter most to immigration practitioners. Before his current role, he held positions across three federal agencies relevant to employer compliance and labor policy:

• **Wage and Hour Division (2017–2020):** Sonderling served as Deputy Administrator and [Acting Administrator](https://www.dol.gov/agencies/osec/keith-sonderling) of the DOL's Wage and Hour Division during President Trump's first term. WHD administers and enforces the labor provisions of the Immigration and Nationality Act, including H-1B wage requirements. It investigates employer compliance and conducts site visits to verify that sponsored workers are being paid at or above the required prevailing wage.
• **EEOC Commissioner (2020–2024):** Confirmed by the Senate [52–41](https://www.eeoc.gov/newsroom/keith-e-sonderling-sworn-eeoc-commissioner-and-vice-chair) in September 2020, Sonderling served as Vice Chair and then Commissioner of the Equal Employment Opportunity Commission, where he focused on employer compliance, AI in hiring, and pay equity issues.
• **Deputy Secretary of Labor (2025–present):** As the Department's Chief Operating Officer, Sonderling oversaw strategic planning, budget, and operational functions — including oversight of the Employment and Training Administration, which houses the Office of Foreign Labor Certification (OFLC).

Why the DOL Secretary Matters for H-1B and PERM

The Department of Labor touches employment-based immigration at three critical junctures, and the Secretary sets enforcement priorities and resource allocation across all of them.

• **PERM labor certification.** Before an employer can sponsor a worker for an EB-2 or EB-3 green card, it must obtain a permanent labor certification from [OFLC](https://www.dol.gov/agencies/eta/foreign-labor), proving that no qualified U.S. worker is available for the position. OFLC processes roughly 150,000+ PERM-related prevailing wage requests annually. As of May 31, 2026, OFLC is adjudicating PERM applications filed in [April 2025 or earlier](https://www.bal.com/immigration-news/united-states-pwd-and-perm-processing-times-as-of-may-june/) for analyst review, with an average processing time of **501 calendar days**.
• **Prevailing wage determinations.** Every H-1B petition and PERM application requires a prevailing wage determination from the [National Prevailing Wage Center](http://flag.dol.gov/processingtimes). As of June 8, 2026, the Center is processing requests filed in March 2026 for both H-1B and PERM queues. The prevailing wage sets the minimum compensation an employer must offer — and a pending rulemaking could raise those minimums significantly.
• **Wage and Hour enforcement.** WHD investigates complaints that H-1B employers are paying below the required wage or otherwise violating Labor Condition Application (LCA) terms. WHD also conducts employer site visits, which have increased in recent years. The Secretary influences how aggressively WHD pursues these investigations and how resources are allocated between complaint-driven and proactive enforcement.

The Pending Prevailing Wage Rule

One of the most consequential policy items on Sonderling's desk is a [proposed rule](https://www.federalregister.gov/documents/2026/03/27/2026-06017/improving-wage-protections-for-the-temporary-and-permanent-employment-of-certain-foreign-nationals) published on March 27, 2026 (91 FR 15454), that would overhaul the prevailing wage methodology for H-1B, H-1B1, E-3, and PERM programs. The comment period closed May 26, 2026. Key provisions include:

The rule would raise Level I (entry-level) wages from the 17th percentile to the 34th percentile of the Occupational Employment and Wage Statistics (OEWS) distribution, and raise Level IV from the 67th to the 88th percentile, with Levels II and III recomputed between them. DOL projects an average increase of roughly $14,000 in the certified annual wage per affected worker. The DOL framed the proposal as protecting U.S. workers from wage suppression and ensuring that temporary visa programs do not undercut domestic labor markets.

As permanent Secretary, Sonderling would have final authority over whether this rule is finalized, modified, or withdrawn. His background at the Wage and Hour Division — where he oversaw enforcement of existing H-1B wage requirements — suggests familiarity with both employer concerns and enforcement realities, though his specific position on the prevailing wage recalibration has not been publicly stated.

What Attorneys Should Know

The Sonderling nomination introduces both continuity and uncertainty for immigration practitioners. Here are the key considerations:

• **PERM processing timeline planning.** Current PERM analyst review averages 501 calendar days (roughly 16–17 months) as of the [latest OFLC data](http://flag.dol.gov/processingtimes). Audit review averages 343 calendar days. These timelines are unlikely to shorten under any Secretary without significant additional OFLC staffing or process reform. Counsel employers accordingly when setting green card sponsorship timelines.
• **Prevailing wage rule finalization window.** The DOL received public comments through May 26 and is now in the review phase. Under the Administrative Procedure Act, a final rule could be published as early as late 2026, though contested rulemakings often take 6–12 months post-comment. If Sonderling is confirmed, he inherits this rulemaking. If the rule is finalized before confirmation, it would carry the authority of the acting position.
• **WHD enforcement posture.** Sonderling's WHD tenure during Trump's first term coincided with a period of active H-1B site visits and complaint investigations. Attorneys should ensure clients maintain complete LCA public access files, correct posting of LCA notices, and documentation of actual wages paid versus prevailing wages.
• **Senate confirmation dynamics.** Sonderling's prior confirmation as Deputy Secretary (53–46) suggests a viable path, but a full Secretary confirmation hearing before the Senate HELP Committee may attract scrutiny on labor policy, including immigration programs. The timeline is uncertain, and Sonderling continues to serve as Acting Secretary with full authority in the interim.
• **Prevailing wage determination timing.** The National Prevailing Wage Center is currently processing H-1B and PERM requests filed in March 2026 — roughly a 3-month turnaround. This is relatively stable, but attorneys should monitor for any disruption during the transition period.

What Applicants Should Do

For visa holders and prospective applicants, the DOL Secretary nomination has practical implications for timing and strategy.

• **Factor PERM timelines into your career plan.** If your employer is sponsoring you for an EB-2 or EB-3 green card through PERM, plan for approximately 14–17 months from PERM filing to certification, plus prevailing wage determination time (currently around 3 months). The total PERM-to-green-card timeline can extend to 3+ years when visa bulletin waiting periods are included.
• **Monitor the prevailing wage rule.** If finalized, higher prevailing wages could affect your employer's willingness to sponsor or the wage level offered. This is particularly relevant for Level I (entry-level) positions, where the proposed increase from the 17th to the 34th OEWS percentile could add thousands of dollars to required annual compensation.
• **Ensure your H-1B wages are compliant.** WHD enforcement remains active. Verify that your actual compensation matches or exceeds the prevailing wage stated on your LCA. If you suspect your employer is paying below the required rate, you have the right to file a complaint with WHD — and retaliation for filing is prohibited under federal law.
• **Consider green card timing.** The Envoy Global 2026 report found that 75 percent of U.S. employers now begin green card sponsorship within the first three months of hire, up from significantly longer timelines in prior years. If your employer has not initiated the PERM process, it may be worth raising the conversation early.

What's Next

The Senate HELP Committee will schedule a confirmation hearing, though no date has been announced. Sonderling continues to exercise full authority as Acting Secretary in the interim. Key milestones to watch:

The prevailing wage proposed rule is the single most consequential pending item. DOL is reviewing public comments now. A final rule could emerge before, during, or after the confirmation process. Separately, OFLC's next quarterly processing time update (expected in early July for Q3 FY2026 data) will provide the latest snapshot of PERM backlogs and prevailing wage determination timelines.

For the employment-based immigration community, the Sonderling nomination represents the intersection of labor enforcement, wage policy, and the bureaucratic infrastructure that determines how quickly — or slowly — the green card pipeline moves. His track record at WHD and the EEOC provides a reasonably clear signal of enforcement continuity, but the prevailing wage rulemaking remains the variable that could most significantly reshape employer costs and sponsorship decisions.