Effective July 1, 2025, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) implemented updated Occupational Employment and Wage Statistics (OEWS) data, impacting prevailing wage determinations (PWDs), Labor Condition Applications (LCAs), and PERM recruitment requirements. These updates are based on the May 2024 OEWS data released by the Bureau of Labor Statistics (BLS) and incorporate key changes to geographic definitions, occupational classification, and fallback wage methodologies.
OFLC has also published Technical Release Notes outlining how it will address data limitations, occupational aggregation, and classification inconsistencies. Additionally, OFLC has confirmed that Appendix A to the Preamble of the PERM final regulations—which categorizes occupations as “professional” or “non-professional”—will remain unchanged for the 2025–2026 wage year.
Key Takeaways
Labor Condition Applications (LCA)
- As of July 1, 2025, all new LCAs must use the updated OEWS wage data.
- Certified LCAs obtained prior to July 1 can still be used for H-1B, H-1B1, or E-3 petitions, even if the prevailing wage has increased under the new data.
Prevailing Wage Determinations (PWDs)
- Employers may rely on a PWD issued before July 1, 2025, even if wage rates increase thereafter.
- All pending PWD requests will be issued based on the data in effect on the date of issuance, regardless of when the request was submitted.
Appendix A to the PERM Preamble
- Appendix A remains unchanged for the 2025–2026 wage year, according to OFLC’s June 24, 2025 update.
- Appendix A serves as a critical reference for determining whether an occupation is considered “professional” for PERM recruitment purposes under 20 CFR § 656.17(e)(1).
Conclusion
The OEWS wage updates and technical adjustments effective July 1, 2025, bring important changes to wage compliance and recruitment requirements for immigration filings. Employers should:
- Reference the latest wage data and geographic classifications; and
- Understand fallback wage methodologies for occupations with limited data; and
Remaining informed of these updates will be critical to ensuring compliance in LCA filings and PERM-based applications throughout the 2025–2026 wage year.
If you have any questions about this update, please contact one of our offices in Chicago, IL, Naperville, IL, Raleigh, NC, or Clark, NJ, for guidance.
At HSD Immigration Lawyer, we specialize in complex employment-, investment- and family-based immigration matters.