Employer-Provided Survey Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program

The Department of Labor (Department or DOL) proposes to amend its regulations for employer-provided wage surveys for the H-2B temporary labor certification program. The regulations were published in the Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program final rule (2015 Wage Rule). This notice of proposed rulemaking (NPRM or proposed rule) proposes to amend those regulations consistent with recent Federal litigation by clarifying existing requirements for employer-provided surveys for the H-2B program, proposing new requirements, and proposing to eliminate Form ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OEWS Survey (Form ETA-9165).

From Federal Register — DOL wage and overtime rules (federalregister.gov). First seen Oct 10, 2026.

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