Public Comments

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Marcel Miclea
ETA, OFLC Forms - ETA
re: Opposition to Proposed Prevailing Wage Rule (OMB control number 1205-0508)
Tuesday, May 26, 2026 4:12:23 PM

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Dear Mr. Pasternak:
I respectfully oppose the proposed rule revising the prevailing wage methodology for the H1B, H-1B1, E-3, and PERM programs.
The current system already protects U.S. workers by requiring employers to pay the higher of
the prevailing wage or the actual wage paid to similarly qualified employees. If there are
compliance concerns, the proper response is targeted enforcement, not an across-the-board
wage increase that would harm compliant employers and workers.
In real life, this rule will have serious consequences. A small engineering company may need
one highly skilled employee to complete contracts and grow, but a sudden artificial wage
increase could make the hire impossible. A university may have a postdoctoral researcher
funded by a fixed grant but if the required wage suddenly increases, the project may be
delayed or cancelled. A rural hospital may lose access to professionals who are difficult to
recruit locally. In PERM cases, employers and employees often plan for years based on the
existing wage framework. Changing the rules midstream could make already-filed or planned
cases financially impossible.
The proposed rule also fails to account for employers and foreign workers who have relied on
the current system for more than two decades. Many employees have built careers, purchased
homes, moved families, and become essential members of their workplaces and communities.
Employers have also budgeted and planned around the existing methodology in good faith.
The Department has not shown that H-1B workers are generally underpaid or that the current
wage system has caused widespread wage suppression. The proposed change would instead
punish many compliant employers, including small businesses, universities, healthcare
providers, and nonprofits, while reducing opportunities for both foreign and U.S. workers.
For these reasons, I urge the Department to withdraw the proposed rule in its entirety.
Sincerely,
Marcel Miclea, Attorney
Cell: 586.303.7499
Office: 248.522.9500
Fax: 248.522.9455

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