On October 6, 2020, the Department of Labor (DOL) issued a new rule entitled “
th, the DOL is changing its computation of wage levels under the Department’s four-tiered wage structure based on the Occupational Employment Statistics (OES) wage survey administered by the Bureau of Labor Statistics (BLS). This new rule significantly increases the prevailing wages which are required to be paid to all H-1B, H-1B1 and E-3 workers. The rule also changes the prevailing wage levels 1-4 from the 17th, 34th, 50th and 67th percentiles to 45th, 62nd, 78th and 95th percentile of surveyed wages.
According to the DOL, the primary purpose of these changes is “to update the computation of prevailing wage levels under the existing four-tier wage structure to better reflect the actual wages earned by U.S. workers similarly employed to foreign workers. This update will allow DOL to more effectively ensure that the employment of immigrant and nonimmigrant workers admitted or otherwise provided st
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As a result of recent federal litigation, the COVID-19 pandemic,
and the Trump Administration s efforts to protect U.S.
workers and wages, there have been several U.S. immigration
developments. This writing will provide an update of some of these
recent U.S. immigration developments and the potential impact on
U.S. employers and foreign nationals.
U.S. District Court Issues Decision to Set Aside the
U.S. Department of Labor s and U.S. Department of Homeland
Security s H-1B/PERM rules: The U.S.