The Employer's Guide to Sponsoring a Green Card in 2026: PERM, I-140, and the New DOL Wage Rule

Summary: The Department of Labor's newly proposed prevailing wage rule—which cleared OMB review in February 2026—threatens to significantly increase the salary requirements for employment-based green cards. Employers seeking to sponsor foreign talent through the PERM labor certification process, as well as foreign nationals aiming to adjust status (Form I-485) via an employer or marriage-based petition, must act now to file under the current, more favorable wage structure.

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

The landscape for employment-based immigration is shifting rapidly in 2026. If your company relies on foreign talent, or if you are a foreign national hoping to secure your future in the United States, a major regulatory change is on the horizon that demands your immediate attention.

On February 20, 2026, the Office of Management and Budget (OMB) cleared a newly proposed Department of Labor (DOL) rule designed to substantially raise prevailing wage requirements for H-1B visas and the PERM labor certification process. While the rule is pending publication in the Federal Register, its impending arrival means that the window to file employment-based green card petitions under the current, lower wage structure is closing.

At the Law Office of Andrew R. Sones in Delray Beach, Florida, we provide authoritative, comprehensive immigration legal services to clients nationwide and those seeking entry to the United States from across the globe. Attorney Andrew R. Sones, a member of AILA (American Immigration Lawyers Association), and the American Bar Association, guides employers and families through the complexities of USCIS and DOL regulations.

Whether you are navigating the employment-based green card process (Form I-140) or exploring concurrent marriage-based green card options, this guide explains what the new DOL wage rule means for you and why acting now is critical.

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

Understanding the PERM Labor Certification Process in 2026

For most employment-based green cards in the EB-2 and EB-3 preference categories, the journey begins with the PERM labor certification. The PERM process requires a U.S. employer to prove to the DOL that there are no qualified, willing, and available U.S. workers for the position being offered to the foreign national.

A crucial component of the PERM process is the Prevailing Wage Determination (PWD). The employer must commit to paying the foreign worker at least the prevailing wage for that specific occupation in the geographic area of employment. Currently, the DOL uses a four-tier wage structure:

• Level I: 17th percentile

• Level II: 34th percentile

• Level III: 50th percentile

• Level IV: 67th percentile

The Impact of the Proposed 2026 DOL Wage Rule

The newly proposed rule aims to dramatically shift these percentiles upward. Under similar previous proposals, the entry-level (Level I) wage would jump from the 17th to the 45th percentile, effectively pushing entry-level salaries to the midpoint of the occupational wage distribution. Higher-tier wages would see similar spikes, with Level IV approaching the 95th percentile.

If implemented, this rule will materially increase the required wage offers for PERM filings. Employers will be forced to either significantly alter their compensation structures or reconsider sponsorship altogether. Because the rule has cleared OMB review but has not yet taken effect, employers have a narrow window right now to file prevailing wage requests under the existing, lower wage structure.

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

Navigating Form I-140 and Form I-485

Once the DOL certifies the PERM application, the employer moves to the next critical phase: filing Form I-140, Immigrant Petition for Alien Workers, with United States Citizenship and Immigration Services (USCIS).

The I-140 petition establishes that the employer has the ability to pay the prevailing wage and that the foreign national meets all the job requirements outlined in the PERM certification. After the I-140 is approved (or concurrently, if the Visa Bulletin permits), the foreign national can file Form I-485, Application to Register Permanent Residence or Adjust Status. Filing the I-485 is the final step to obtaining a green card from within the United States.

The Marriage-Based Green Card Alternative

For many foreign nationals facing the lengthy and increasingly expensive employer-sponsored route, a marriage-based green card may offer a faster, more secure alternative. If you are married to a U.S. citizen or Lawful Permanent Resident, you can bypass the PERM process entirely.

The marriage-based process involves filing Form I-130, Petition for Alien Relative, alongside the I-485 adjustment of status application. Unlike the employment-based route, which is subject to strict numerical caps and Visa Bulletin backlogs, visas for spouses of U.S. citizens are always immediately available.

Furthermore, if you are currently in the U.S. on an employment visa (such as an H-1B or L-1) and marry a U.S. citizen, filing your I-130 and I-485 concurrently allows you to obtain an Employment Authorization Document (EAD) and Advance Parole travel document while your green card is pending. This provides immense freedom, unchaining your immigration status from a single employer.

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

Why Representation Matters

The Law Office of Andrew R. Sones represents employers and foreign nationals across the United States, and anyone seeking immigration benefits here. Whether your tech startup is in Silicon Valley, your manufacturing plant is in the Midwest, or you are a family living here, we provide the strategic counsel necessary to overcome USCIS hurdles.

Our practice ensures that regardless of your location, you receive the highest caliber of legal representation. We proactively monitor policy shifts—like the pending DOL wage rule—to protect your business interests and your family's future.

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

Frequently Asked Questions (FAQ)

What is the PERM labor certification?

The PERM labor certification is a process managed by the Department of Labor. It requires U.S. employers to prove they have tested the local labor market and cannot find a qualified U.S. worker for the position they wish to fill with a foreign national.

How will the new 2026 DOL wage rule affect my business?

The proposed rule will substantially raise the minimum salary you must pay a sponsored foreign worker. If your company relies on EB-2 or EB-3 green cards, you may face significantly higher compensation costs once the rule takes effect.

Can I file Form I-140 and Form I-485 at the same time?

Yes, but only if your priority date is "current" according to the Department of State's monthly Visa Bulletin. If your category is backlogged, you must wait for your priority date to become current before filing the I-485.

Is a marriage-based green card faster than an employment-based green card?

In most cases, yes. Spouses of U.S. citizens are not subject to the numerical visa caps or PERM processing delays that plague the employment-based system. Filing Form I-130 and I-485 concurrently is often the most efficient path to permanent residency for those for whom it is available.

Do I need an attorney who is local to my state?

No. Because immigration is governed by federal law, our firm represents clients nationwide. We handle complex filings for corporations and individuals across all 50 states and globally.

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

Secure Your Future Before the Rules Change

The impending DOL wage rule represents a significant hurdle for U.S. employers and foreign workers alike. The time to initiate your PERM labor certification or explore alternative pathways, such as a marriage-based green card, is right now.

Don't let changing regulations jeopardize your American dream or your company's access to top global talent. Partner with an experienced, AILA-member attorney who understands the nuances of both employment-based and family-based immigration law.

Ready to take the next step?

Click here to schedule your free consultation with the Law Office of Andrew R. Sones.

You can also reach us nationwide at +1 888-365-VISA (8472) or learn more about our firm at soneslaw.com/about.