Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States

Molli Freeman-Lynde, an immigration attorney, opposes the proposed rule because the increased wage requirements would be financially catastrophic for small businesses. She argues that small businesses often hire noncitizen workers to fill vital roles and cannot afford to pay the well-above-market rates that larger tech companies can.

The U.S. Chamber of Commerce opposes the proposed rule, arguing that the significant increases in prevailing wage percentiles are disconnected from actual labor market realities and fail to account for worker experience and education. They contend that the proposal creates substantial operational burdens, ignores reliance interests, and could trigger a self-reinforcing cycle of wage escalation that distorts the economy.

James H. Poole, Executive Chairman and CEO of Obelisk Tech Systems Inc., argues that the current Regulation A compliance requirements create an economically inaccessible barrier for small businesses and retail investors. He requests specific amendments to permit independent CPA reviews, officer certifications, and express safe harbors to reduce compliance costs and restore the intended "on-ramp" for small-issuer capital formation.

The American Immigration Lawyers Association (AILA) and the American Immigration Council (Council) oppose the proposed rule, arguing that it lacks sufficient evidence of systematic wage suppression and fails to consider less burdensome alternatives. They contend that the sweeping changes to prevailing wage methodologies will disrupt long-standing reliance interests for employers and foreign workers while causing significant financial harm to industries like higher education.

The National Association of Software and Service Companies (Nasscom), a trade association representing the technology and services industry, urges the Department of Labor to withdraw the proposed rule. They argue that the rule exceeds statutory authority, lacks transparency in its methodology, and would cause significant economic disruption and operational challenges for employers, particularly small and mid-sized businesses.

The Iowa Primary Care Association, representing community health centers, opposes the proposed rule because it could increase labor costs and create significant barriers to recruiting foreign-born clinicians in rural and safety-net healthcare settings. They argue that the higher prevailing wage requirements may worsen healthcare workforce shortages and request exemptions or modified calculations for nonprofit safety-net providers.

The American Council of Engineering Companies (ACEC) opposes the proposed rule because it would substantially increase prevailing wages for H-1B visa and green card applicants. They argue that these increased costs would burden small and mid-sized firms, create wage parity issues for American workers, and potentially delay critical infrastructure projects due to workforce shortages.

The commenter opposes the proposed rule, arguing that it is legally vulnerable, methodologically flawed, and economically destructive to small and mid-size employers. They contend that the rule will lead to increased outsourcing, wage inflation for U.S. workers, and a loss of American competitiveness by making it harder to attract high-skilled talent.

Marcel Miclea, an attorney, opposes the proposed prevailing wage rule, arguing that it would impose artificial wage increases that could harm small businesses, universities, and healthcare providers. He suggests that the Department should focus on targeted enforcement of the existing system rather than implementing across-the-board wage changes.

Stephen Bronars of Edgeworth Economics argues that the Department of Labor's proposed methodology for determining prevailing wages is based on flawed assumptions and lacks sufficient evidence of wage suppression. He contends that the new rule will increase statistical noise, create unreliable wage determinations, and disproportionately harm businesses in high-skill tech hubs.