5. Department of Homeland Security · Notable
Eliminate the two lowest prevailing wage levels for foreign workers
Printed page 167 5. Department of Homeland Security
“Department of Labor: Eliminate the two (of four) lowest wage levels for foreign workers.”
What has happened
- Not started
The Department of Labor moved on prevailing wages but not on this ask. Its proposed rule of 2026-03-27 would raise every wage floor -- Level I from the 17th percentile to the 34th, Level II from the 34th to the 52nd, Level III from the 50th to the 70th and Level IV from the 67th to the 88th -- and, in new 20 CFR 656.40(b)(2)(i), would codify the practice of using four wage levels for the first time. Raising the bottom two levels is not eliminating them, and writing the four-tier structure into the regulation makes their elimination harder rather than nearer. Under the rule that progress is measured on this ask, this is `not-started`.
Research log
What was searched, and what didn’t count as evidence
Research notes
The operative text was read at https://www.govinfo.gov/content/pkg/FR-2026-03-27/html/2026-06017.htm, not inferred from the abstract; the percentile changes are at the preamble’s “Prevailing Wage Methodology” section and the codification at the section-by-section discussion of 20 CFR 656.40(b)(2). This moved in the same direction, on a different object: DOL is attacking low-paid foreign labor, but by repricing the levels rather than deleting two of them.
One negative search covered the other departments’ asks on p. 167. A search of final and proposed rules in the Federal Register for “prevailing wage” returns this one document for the whole window; comments closed 2026-05-26 and no final rule has issued.
- Unified Agenda, 2026-09-01. Labor’s full Unified Agenda was read at reginfo.gov (2026 agenda). The proposed rule already cited above is RIN 1205-AC30, Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States, ETA, Proposed Rule Stage; the agenda entry describes it, in DOL’s own words, as changing “the computation of wage levels under the Department’s four-tiered wage structure”, which confirms the reading of the rule text — four levels are kept and repriced, not reduced to two. Because the NPRM has published (2026-03-27, 2026-06017), the Status rests on that document and not on the agenda entry, and it does not move. The only other wage-level entries, RIN 1205-AC29 (PERM labor-market test) and RIN 1205-AC15 (H-2B employer-provided survey methodology), are adjacent programs and touch no wage level this Quote names. https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202510&RIN=1205-AC30
- Action
- eliminate
- Object
- two lowest foreign worker wage levels
- ID
- 457