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The Office of Management and Budget (OMB) is reviewing a Department of Labor (DOL) rule that is seeking to make a restructuring to the wage level system to establish prevailing wage minimums in the H-1B, H-1B1, and E-3 and PERM programs.

The regulation is expected to increase the prevailing wage minimum requirements for the H-1B, H-1B1, E-3, and PERM programs, though the contents of the regulation will remain confidential until they are released publicly for publication.

Further, DOL is expected to issue the regulation as an interim final rule with immediate or near immediate impact, with no opportunity for public feedback before the rule takes effect.

OMB has up to 90 days to review the regulation before it is published in the Federal Register and then take effect.