DOL announces new rule that will raise prevailing wage levels in July

Jan 15, 2021 | Immigration Updates, Nonimmigrant Visas, Permanent Immigration Visas

Briefing: The U.S. Department of Labor has announced a new rule that will raise prevailing wages at all levels in a phased period beginning July 2021. The rule would take full effect for some employees a year later, and full implementation for visa holders extending their statuses to wait for an available green card would be delayed until July 2024. Impacted foreign nationals would include H-1B, H-1B1, and E-3 visa holders, as well as future beneficiaries of PERM labor certifications.  As with DOL’s prior attempt to raise prevailing wages without an opportunity for notice and comment, we expect there will be litigation seeking to enjoin this rule’s implementation.

Source:

Related Posts:

Updates on Child Status Protection Act Age Calculation by USCIS

On February 14, 2023, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert, which contains policy guidance in the USCIS Policy Manual to update when an immigrant visa “becomes available” for purpose of calculation Child Status Protection Act age in certain situations.  In short, USCIS will now allow the Date for Filing chart to calculate these noncitizens’ ages As stated in the Policy Alert, this guidance is effective immediately on February 14, 2023, and applies to adjustment of status applications USCIS adjudicates on or after February 14, 2023. Therefore, noncitizens with pending adjustment of status applications based upon an immigrant petition in a preference category, on or after February 14, 2023, will benefit from this update. Background The CSPA is a United States federal law that was signed into law on August 6, 2002. The law was enacted to address the problem of immigrant children who “age out” of their eligibility for certain immigration benefits due to the lengthy processing times involved in the immigration system. The CSPA addressed this problem by changing the way that the age of a derivative child is calculated for immigration purposes. Under the CSPA, a derivative child’s age is “frozen” at the time […]

Immigration Update

In this edition, read about the limits on visa services for India, NIE expansion, USCIS deference, and more! President Biden Suspends Entry of Noncitizens/Non-LPRs Traveling From India; U.S. Mission in India Announces Limits on Visa Services President Biden has issued a proclamation suspending the entry of non-U.S. citizens who were physically present within India during the 14-day period preceding their entry or attempted entry into the United States, with some exceptions. The proclamation takes effect tomorrow May 4, 2021, and will remain in effect until terminated by the President. The proclamation states that India “is experiencing widespread, ongoing person-to-person transmission of the virus” that causes COVID-19 and its variants. The proclamation cites the Centers for Disease Control and Prevention, which has concluded that proactive measures are required to protect U.S. “public health from travelers entering the United States from that jurisdiction.” The ban on entry does not apply to U.S. citizens and lawful permanent residents (LPRs), noncitizen nationals of the United States, noncitizen spouses of U.S. citizens or LPRs, noncitizen members of the U.S. armed forces, noncitizens whose entry is in the national interest; noncitizens traveling at the invitation of the U.S. government for a purpose related to containment or […]