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

The authors, Connor O’Brien, Jeremy Neufeld, and Amy Nice, argue that the Department of Labor's primary proposal (Blind Benchmarking) fails to prevent wage arbitrage and incorrectly classifies many H-1B workers. They strongly advocate for the Department's alternative proposal, Experience Benchmarking, which they argue would accurately protect American workers by anchoring wages to the actual earnings of similarly qualified native-born workers.

The AFL-CIO supports the proposed rule because it takes "overdue steps" to bring H-1B wage levels closer to prevailing rates and protects workers from being used as tools to suppress wages. However, they also call for broader reforms, including stricter oversight of employer misclassification, the exclusion of staffing companies from the H-1B program, and enhanced protections for foreign workers.

The International Brotherhood of Teamsters supports the proposed rule to reform prevailing wage calculations for H-1B, H-1B1, and E-3 visa programs. They specifically advocate for the adoption of "Experience Benchmarking" to prevent employers from engaging in wage arbitrage by understating job requirements and paying foreign workers less than similarly qualified Americans.

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 Institute for Sound Public Policy (IfSPP), a nonprofit policy advocacy organization, supports the proposed rule as a meaningful step toward improving wage protections for foreign workers but argues it does not go far enough. They urge the Department of Labor to adopt more aggressive measures, such as setting Level I wages at the median market rate, increasing enforcement and audit frequency, and utilizing modern technology to detect occupational classification arbitrage.

Luke Farley, the Commissioner of Labor for the State of North Carolina, supports the proposed rule to reduce incentives for hiring H-1B foreign visa workers. He argues that current loopholes allow employers to depress wages and bypass qualified American workers, and he advocates for requiring wages that reflect true market rates.

The commenter, a naturalized U.S. citizen and former government employee, argues that current labor certification regulations allow corporations to bypass domestic worker protections and discriminate against U.S. citizens. They urge the agency to mandate full demographic disclosure of applicant pools, establish secure whistleblower protections for cleared professionals, and impose penalties for retaliation against those reporting citizenship status discrimination.

A senior cloud solution architect supports the proposed action to prioritize the protection of US workers and STEM graduates. The commenter argues that foreign nationals are often less capable than US citizens and expresses concern over foreign students receiving tax breaks for their employers.

The OnShoringAmerica Initiative supports the Department of Labor's proposed revisions to the prevailing wage methodology, noting that it is a necessary step to protect U.S. workers from wage distortions. However, they argue that the proposal only addresses symptoms and recommend complementary structural reforms to improve data transparency and track labor substitution from offshore work, international students, and AI.

The commenter expresses extreme hostility toward foreign nationals and argues that they are destroying American resources and lowering wages. They advocate for the immediate deportation of these individuals to protect the livelihoods and safety of American citizens.