Department of Labor Publishes H-1B and Wage Rule…again

in Uncategorized
January 14th, 2021

On January 20, 2021, the White House issued a memorandum freezing all regulations that have no yet gone into effect for at least 60 days for the purposes of reviewing any questions or fact, law and policy the rules may raise.

On January 14, 2021, the DOL published a final rule to raise the minimum prevailing wages for employment-based nonimmigrant and immigrant petitions. This is a slightly new version of the rule initially published on October 8, 2020 which was subsequently set aside by the court on December 1, 2021, is scheduled to go into effect on March 15, 2021. The final rule contains lower calculations than initially published in the previous version and outlines a plan to phase the higher wages in over the next 18-months.

There is widespread anticipation that this rule will be extended by the new Biden Administration and that there will be new legal challenges to this rule so it implementation is uncertain. The ISSO will continue to monitor the situation and update the community as more details are available.