The U.S. Department of Labor (DOL) issued a proposed rule on March 27 that would significantly increase required minimum wage levels for employers sponsoring H‑1B, E-3, and permanent employment-based applicants.

Be aware that this is currently a proposed rule only. No changes are currently in effect. The proposed rule is in a 60‑day mandatory public comment period ending May 26. There could be legal challenges. In 2020, Cornell joined the U.S. Chamber of Commerce and other universities, colleges, and organizations in a lawsuit challenging a comparable DOL interim final wage rule. That challenge was successful, and the rule was vacated.

International faculty and staff are a vital part of Cornell's academic and research community. International Services is closely monitoring the public conversation over this proposed change. We will share additional guidance when more information becomes available or if the rule advances toward finalization. Don’t hesitate to reach out for support in the meantime if you have questions or concerns. 

What the Cornell Community Needs to Know

Why are these changes proposed?

DOL argues current prevailing wages for select international hires are set too low compared to market wages and may allow employers to undercut U.S. workers.

How would Cornell be affected?

If the proposed rule goes into effect without changes, we expect the following impacts:

• Required salaries for H‑1B, E‑3, and EB-2 PERM petitions will increase.
• Colleges, schools, and hiring units will need to plan for higher salaries when considering international hires or permanent residence sponsorship.
• Departments may need to reassess salary and funding feasibility, both for new cases and extensions of H-1B and E-3.

What should hiring units do now?

• Continue with planned hiring and immigration processes for the time being.
• Submit visa sponsorship requests as early as possible—six months ahead of the proposed position start date.
• Submit visa sponsorship requests for the full duration of expected employment.

Stay informed by checking International Services alerts for the most up-to-date guidance. Additional useful information can be found on the Executive Orders site (NetID login required). Subscribe to receive important updates and our monthly newsletter by email. (International students are automatically subscribed.)