Published: July 7, 2026
Each year, US immigration law allocates around 140,000 employment-based immigrant visas for eligible applicants. To sponsor one of these visas, US employers must meet specific wage requirements established by the Department of Labor (DOL).
An employer’s demonstrated ability to pay the required wage is a critical factor in establishing the validity of the employment offer. This helps ensure fair compensation for foreign workers while protecting US labor standards from any adverse impact.
The DOL issued a proposed rule on March 27, 2026, to restructure the calculation of prevailing wages for several employment-based programs. A common question is whether the employer must pay the increased wage requirement, and whether refusing to do so puts your green card at risk.
What the Proposed Increased Wage Requirement Means
A new rule from the DOL proposed changes to how prevailing wages are calculated for foreign workers, particularly those on temporary visas such as H-1B, H-1B1, and E-3, as well as those in PERM labor certification programs. It is intended to align wages for foreign workers with wages paid to similarly employed US workers.
Because both the PERM regulations and the Labor Condition Applications (LCAs) rely on the same Occupational Employment and Wage Statistics (OEWS) survey, DOL is amending these rules to ensure the wage calculation method remains consistent across temporary and permanent sponsorship pathways.
If finalized, the proposed rule will substantially raise the minimum wage thresholds for LCAs utilizing the OEWS data. It’s estimated to increase by about $14,000 per worker annually, with entry-level and mid-level positions experiencing the most significant adjustments.
Higher prevailing wage thresholds may also cause employers to commit to higher salaries on the Application for Permanent Employment Certification. It may also increase the overall cost of sponsoring an employee for a green card.
Potential Consequences of Not Paying the Required Wage
It’s important for the sponsoring employer to comply with the prevailing wage requirement throughout the employment-based immigration process. Suppose an employer refuses to pay the required wage. The consequences may affect both the sponsoring employer and the foreign worker.
DOL may deny the employer’s underlying labor certification if the job opportunity doesn’t satisfy the PERM requirements. Likewise, USCIS may deny the Immigrant Petition for Alien Workers if the sponsoring employer fails to prove their ability to pay the required wage. Noncompliance can also trigger audits and back wage liability. In serious cases or repeated violations, employers can face penalties and be restricted from filing LCAs or PERM applications in the future.
For the foreign worker, noncompliance with the wage requirement can derail the green card process if lawful permanent residence has not yet been granted. Once you’re a lawful permanent resident, your immigration status is generally no longer conditioned on that job or that specific wage. That means it typically won’t affect your green card status if the employer doesn’t pay the increased wage requirement, unless fraud or misrepresentation is involved.
What To Do If Your Employer Refuses to Pay the Required Wage
Employer compliance plays an immense role at every stage of the employment-based immigration process. Finding out that your sponsoring employer fails to meet the wage requirement can be stressful. Below are essential steps you can take to protect your rights and path to permanent residency.
- Review your employment contract or offer letter to confirm the wage you were offered and compare it with your actual pay.
- Speak with your employer to clarify whether the wage discrepancy is due to an error or financial difficulty.
- Ask your employer for a written agreement outlining when and how they plan to fulfill the wage obligation.
- Carefully document your employment history to strengthen your claim in the event of a formal complaint or legal action.
- Understand your rights with a reliable green card lawyer for fair compensation and appropriate legal steps.
- If direct communication fails to resolve the wage issue, file a complaint with the Wage and Hour Division of the DOL.
Consult a Los Angeles Green Card Lawyer for Your Case
Changes to prevailing wage requirements can create uncertainty for the sponsoring employer and the foreign worker pursuing permanent residence in the US. Whether you’re facing potential hurdles due to DOL’s proposed rule or increased wage obligations, consulting a Los Angeles green card lawyer can help you take the best next steps before the proposed rule takes effect.
In particular, our team at ALG Lawyers can evaluate whether your case is at risk based on the exact filing stage, wage determination date, and employer position. This evaluation is critical if your employer refuses to proceed with your green card case unless they can lower or delay the required wage. Contact us now for a one-on-one case consultation.
FAQs on Is Your Green Card at Risk If Your Employer Refuses the Increased Wage Requirement
Will you automatically lose your green card if your sponsoring employer refuses to meet the proposed wage requirements?
You will not automatically lose your green card if your sponsoring employer refuses to meet the proposed wage requirements. Once your green card is approved, your status is generally no longer tied to any specific employer. But suppose the employer withdraws your sponsorship or refuses to pay the required wage before the green card approval. The pending green card application may be denied.
Does the sponsoring employer have to pay the increased wage requirement right away?
If the rule is finalized and applies, the sponsoring employer does not necessarily have to pay the increased wage requirement right away for a PERM-based green card. However, they must be able to prove that they can pay the required wage when USCIS and the DOL evaluate the case. Failure to do so can jeopardize the petition. Meanwhile, for H-1B cases, employers must pay the prevailing wage as soon as employees begin working under the approved petition.
Can the sponsoring employer file the Immigrant Petition for Alien Workers while offering a salary below the required wage?
A sponsoring employer cannot obtain approval of the Immigrant Petition for Alien Workers if it offers a salary below the required wage or fails to prove its ability to pay the prevailing wage. USCIS requires the employer to demonstrate the financial ability to pay the required wage. The petition may not meet the legal standards for approval if the employer either refuses to pay the wage requirement or cannot demonstrate its ability to do so.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)