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:

Supreme Court Decision on Birthright Citizenship

The Supreme Court issued an important decision today in cases challenging President Trump’s Executive Order on birthright citizenship. The Court limited its decision to federal courts’ ability to issue nationwide injunctions, allowing the government to move forward with implementation of the Order, but leaving open the possibility of legal challenges to the Order and its implementation. Justice Amy Coney Barrett authored the majority opinion, which did not address whether President Trump’s executive order on birthright citizenship is constitutional. The Court focused its decision on the procedures federal courts must follow, and the orders federal courts can issue, when states and citizens challenge actions of the federal government. The Court’s decision today means there will be continuing and evolving legal challenges to the birthright citizenship order in the federal courts. Nationwide Injunctions Generally, the Court limited federal courts’ ability to issue nationwide injunctions to executive orders and broad national policies. It explained that courts should normally only block federal policies for the individuals or organizations that bring a lawsuit, unless a statute or class action process allows broader relief. This ruling makes it less likely that a single lawsuit will be able to stop a federal policy from taking effect across the entire country. […]

DHS Issues Final Rule to Modify H-1B Cap Lottery with Selection Process Based on Wage Level; New Administration Likely to Reverse Course

On January 8, 2021, new rules will be published by the U.S. Department of Homeland Security (DHS) impacting the H-1B visa lottery to be held in March 2021.  The “midnight” regulation is scheduled to take effect on March 9, 2021. While this could impact future cap seasons, WR believes that the rule is unlikely to take effect for the upcoming FY 2022 H-1B cap season. President-Elect Biden’s transition team has unofficially confirmed its intention to place all last-minute regulations on hold for 60 days. Also,  WR expects numerous legal challenges. WR is advising employers to proceed as usual at this time and get ready for a regular cap season. The rule amends regulations governing the process by which U.S. Citizenship and Immigration Services selects H-1B registrations for filing of H-1B cap-subject petitions. Under this rule, USCIS would first select registrations (or petitions, if the registration process is suspended) generally based on the highest Occupational Employment Statistics prevailing wage level that the offered wage equals or exceeds for the relevant Standard Occupational Classification code and area(s) of intended employment.  If implemented, the rule would greatly favor higher paid occupations. We will keep you abreast of any changes that affect your cases and will strategize the best […]