DOL Proposes to Delay Effective Date of H-1B/PERM Wage Rule Until May

Feb 11, 2021 | Immigration Updates, Nonimmigrant Visas, Permanent Immigration Visas

The Department of Labor’s Employment and Training Administration has proposed to delay the effective date of a Trump administration rule, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” The implementation of the rule published in January will now be delayed until May 14, 2021. The notice states that the proposed delay “will allow agency officials the opportunity to review any questions of fact, law, or policy the rule may raise.” Comments may be submitted until February 16, 2021. It is expected that the rule will not go forward.

Source:

Related Posts:

Immigration Update

In this edition, find the latest news on the new Form I-9, DV-2025 instructions, visa ineligibility updates, and more! USCIS Reminds Employers to Start Using New Form I-9 by November 1 Deadline U.S. Citizenship and Immigration Services (USCIS) reminded employers about the November 1, 2023, deadline for using the updated Form I-9, Employment Eligibility Verification with the 08/01/2023 edition date.USCIS also noted that a revised Spanish edition of Form I-9 with an edition date of 08/01/2023 is available for use in Puerto Rico only and by other employers as a translation aid. Details:  Back to Top DOS Publishes DV-2025 Instructions, List of Countries On October 3, 2023, the Department of State (DOS) published instructions and eligibility requirements for the Diversity Visa (DV) program for fiscal year (FY) 2025 (DV-2025). The online registration period for the DV-2025 diversity visa program began on Wednesday, October 4, 2023, and concludes on Tuesday, November 7, 2023, at 12 noon ET. For FY 2025, up to 55,000 DVs will be available. The Electronic Diversity Visa Entry Form (E-DV Entry Form or DS-5501) is available online at dvprogram.state.gov. DOS will not accept incomplete entries or entries sent by any other means. There is no cost to […]

WR Immigration News Digest

Former President Donald Trump’s election to a second term will reshape immigration law. What should employers expect, and how can they prepare? Top News Expansion of “Buy American, Hire American” Policies Employers seeking to hire foreign nationals may see higher scrutiny through more aggressive investigations and audits by the Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) into wage levels, job descriptions, and recruitment efforts.  Impact: With the second Trump administration, employers should be aware that unannounced site visit inspections by USCIS and audits issued by the DOL will likely increase. Stricter Limits on Visa-Sponsored Petitions A second Trump term is likely to reduce the ability of employers to obtain work-sponsored visas for their foreign workers. The H-1B program in particular will feel the effects of new laws and regulations designed to limit H-1B eligibility and availability. Employers can expect policy changes to affect other employer-sponsored visa categories, including L-1 intracompany transfers, TN, E-3 professionals, and many others.  Increased H-1B wage levels are possible, bringing-back the 2020 DOL Wage Rule. Impact: Employers should be prepared for higher scrutiny, particularly on H-1Bs, L-1s, TNs, and E-3s (initial petitions and extensions) through an uptick in Requests for Evidence, which […]