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.
- Department of Labor, January 12 News Release, https://www.dol.gov/newsroom/releases/eta/eta20210112