The DHS H-1B Strengthening Rule and DOL Prevailing Wage Interim Final Rules has been posted for public inspection. Both rules will publish officially TOMORROW and have a 30 day comment period.
The DOL rule (an advanced copy is available here) will take effect TOMORROW. The rule changes the prevailing wage levels 1-4 from the 17, 34, 50 and 67th percentiles to 45, 62, 78 and 95 percentile of surveyed wages from BLS for H-1B, H-1B1, E-3 and I-140s.
Prevailing Wage Changes Summarized:
- Level I Wage: 45th percentile (from 17th percentile)
- Level II Wage: 62nd percentile (from 34th percentile)
- Level III Wage: 78th percentile (from 50th percentile)
- Level IV Wage: 95th percentile (from 67th percentile)
The DHS rule will have a 60-day delayed effective date. The rule will:
- Narrow the definition of “specialty occupation” as Congress intended by closing the overbroad definition that allowed companies to game the system;
- Require companies to make “real” offers to “real employees,” by closing loopholes and preventing the displacement of the American worker; and,
- Enhance DHS’s ability to enforce compliance through worksite inspections and monitor compliance before, during, and after an H-1B petition is approved.
In order to take advantage of the current prevailing wage leveling system, LCAs must be filed by the end of day October 7th, 2020. Please contact your WR attorney for assistance.