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.
H-1B Wage Rule Delayed
Yesterday, the DOL announced that, consistent with the Biden
administration s regulatory freeze, it will delay the application of a last-minute Trump
Administration order meant to revise the computation of prevailing
wages employers are required to pay H-1B, H-1B1, and E-3 visa
holders. The new effective date of the regulation is May 14, 2021.
In the interim, the DOL will open a 15-day comment period starting
on February 1
st, with a subsequent 60-day review
period.
If it goes into effect, the
Strengthening Wage Protections for the
Temporary and Permanent Employment of Certain Aliens in the United
ETtech Morning Dispatch on 29 Jan. 2021: Top tech news to start your day
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TikTok and its tumultuous run in India from questions being raised on its Chinese origins to millions of downloads and its eventual exit from the country. The Biden administration is reviewing a proposal that had sought to increase wages for new
H-1B visa applicants a deterrent for employers looking to bring in foreign workers.
Also in the news is WhatsApp, which says
Facebook doesn’t have access to its payments data in India. And Indians are getting onto the
Biden administration will delay the effective date of the Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States rule (Prevailing Wage Rule) for 60 days while DOL conducts a new comment period
According to a draft scheduled for publication in the
Federal Register on February 1, 2021, the Biden administration plans to delay the effective date of the
In the final days of the Trump administration, DOL published a rule designed to raise minimum wages for high-skilled workers. With a March 15, 2021, effective date, that rule would start to affect H-1B, H-1B1, and E-3 work visa cases, as well as PERM filings in July 2021. Among other things, Level I and Level II wages moved up a step, making it more difficult to hire entry-level employees.