Comment from The Jackson Laboratory

Thank you for the opportunity to comment on the Department of Labor’s Proposed Rulemaking on prevailing wage levels for the H 1B, H 1B1, E 3, and PERM programs. The Jackson Laboratory (JAX) offers the following summary of our key points and has attached full written comments into the public record. JAX is a nonprofit biomedical research institution whose workforce includes postdoctoral researchers, scientific staff, and technical specialists supported by federal research funding. Our mission driven compensation structures and reliance on federal grants mean that several elements of the NPRM would have significant operational and financial impacts on our ability to sustain research programs and workforce development. • ACWIA Eligibility Must Be Preserved – JAX qualifies as a nonprofit research organization under 20 CFR 656.40(e)(1)(ii). Congress created the ACWIA wage framework to reflect the distinct labor market of nonprofit research institutions, which operate under grant based salary caps and mission driven pay structures. The NPRM does not address these distinctions and applies reasoning that does not align with research sector occupations. We urge DOL to exempt ACWIA wages from changes in this rulemaking, consistent with INA 212(p). • Retention of the ACWIA Wage Library – The ACWIA wage library reflects compensation norms in nonprofit and academic research settings. OEWS based wages often overstate salaries for grant funded scientific roles, producing wage determinations that do not align with congressional intent or the realities of the research enterprise. Retaining the ACWIA system ensures prevailing wage requirements remain grounded in data appropriate to the nonprofit research sector. • Preservation of Alternate Wage Surveys – Alternate surveys are essential for scientific occupations that do not align well with broad SOC categories or where federal data does not capture the nuances of specialized research roles. These surveys allow institutions to document actual wages and prevent distortions that could impose unintended financial burdens on federally funded programs. • Need for a Dedicated Postdoctoral SOC Code – Postdoctoral researchers are a distinct workforce category, yet they are grouped into broad SOC codes that do not reflect their training stage, compensation structure, or time limited roles. A dedicated SOC code would improve accuracy, reduce misclassification, and support more consistent wage determinations. • Impact on Salary Structures and Grant Limitations – Proposed wage increases would create unfunded obligations when prevailing wage requirements exceed federal grant salary caps. Institutions must pay the higher wage but cannot charge the difference to the grant, straining budgets and potentially reducing research capacity. In summary, JAX urges DOL to: (1) exempt ACWIA wages from the proposed changes, (2) retain the ACWIA wage library, (3) preserve alternate wage surveys, and (4) establish a dedicated SOC code for postdocs. These steps will help ensure that prevailing wage policies remain aligned with the structure of the nonprofit research sector and support the stability of the U.S. scientific workforce.