Tuesday, February 2, 2021
On February 1, 2021, the U.S. Department of Labor (DOL) formally proposed delaying the implementation of its final rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” This rule was scheduled to go into effect on March 15, 2021. The rule, which was published during the last days of the Trump administration, was an updated version of the rule originally published as an interim final rule on October 8, 2020. The rule revises how the existing four-tiered wage structure of the Occupational Employment Statistics (OES) wage survey is calculated for purposes of determining prevailing wages. The updated wage structure would impact H-1B, H-1B1, and E-3 temporary work visas, as well as the permanent labor certification program (PERM) that supports many employer-based green card applications.
Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.
“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”
Dear Sophie:
I want to sponsor a potential employee for an H-1B but the process for an H-1B petition seems pretty complex.
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On February 1, 2021, the U.S. Department of Labor (DOL) formally proposed delaying the implementation of its final rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” This rule was scheduled to go into effect on March 15, 2021. The rule, which was published during the last days of the Trump administration, was an updated version of the rule originally published as an interim final rule on October 8, 2020. The rule revises how the existing four-tiered wage structure of the Occupational Employment Statistics (OES) wage survey is calculated for purposes of determining prevailing wages. The updated wage structure would impact H-1B, H-1B1, and E-3 temporary work visas, as well as the permanent labor certification program (PERM) that supports many employer-based green card applications.
This article was updated on Thursday, January 21, 2021 to
reflect new information.
On January 20, 2021, the Department of Labor (DOL) withdrew
from the Office of the Federal Register its January 15, 2021
Office of Foreign Labor Certification H-1B Program Bulletin and
Wage and Hour Division Field Assistance Bulletin notices.
The
notices, which were issued on January
15, 2021, revised the DOL s interpretation of regulations
governing third-party employers filing of Labor Condition
Applications (LCAs) for H-1B employees. The DOL withdrew the
notices for process considerations and review of related matters of
fact, law and policy. Consequently, the requirements of the notices
are no longer effective. The DOL will notify the public of any