Comment from Worldwide ERC, Inc. (WERC)

WERC, formerly known as the Worldwide Employee Relocation Council, is pleased to submit comments in response to the “Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States,” DOL Docket No. ETA-2026-0001, RIN 1205-AC30 Notice of Proposed Rulemaking (NPRM) published in the Federal Register on 27 March 2026. WERC, the trade association representing over 5,000 individuals and 2,750 enterprises in the global talent mobility industry responsible for supporting employers with moving their current and potential employees, supports policies that enable American employers to hire, retain, and access the talent they need to successfully compete in a global environment. This includes both American workers and foreign nationals possessing legal status via one of the various employment-based immigrant or nonimmigrant visa options. WERC members support companies located in all fifty U.S. states employing hundreds of thousands of workers in the United States, with the largest sectors including: manufacturing, technology, finance, insurance and healthcare. In addition to supporting movement of their client’s domestic workforce around the country, WERC members facilitate the movement of global talent to and from the United States. WERC believes its members and the Trump administration have the shared goal of ensuring that workers are supported and protected through the application of and compliance with U.S. employment and immigration laws. These workers must be best positioned to compete in the global economy and in ways that allows them to advance professionally, supports the operations of their respective employers, and advances America’s economic and workforce interests. Successful companies contribute to the United States economy by growing employment opportunities for all American workers. However, a key aspect of strengthening U.S. companies, growing technology and rebuilding manufacturing is the ability to recruit, retain, and move the best talent to where it is needed, regardless of nationality. WERC commends the Department and the administration for its intent behind the NPRM. Based on the proposed or potential changes within the draft rule, we have identified a number of areas where revisions to intended processes or timing can maximize the benefits for both American workers and foreign nationals and minimize the issues that could adversely impact U.S. employers in the implementation of significant changes that would transform major components of U.S. immigration and employment law. These items can be found in the attached PDF letter with our full comment. We appreciate the opportunity to work with DOL on the updated prevailing wage process for certain foreign nationals holding or pursuing certain employment-based immigrant and nonimmigrant visas and look forward to working with you as this process moves forward.