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With the inauguration of Joseph R. Biden, Jr. as the 46th President of the United States on January 20, 2021, immigration reform is on the near horizon. Employers are advised to stay abreast of fluid immigration policies that could have sweeping effects on the sponsorship of various foreign national workers. In addition, several immigration rules promulgated in the final weeks of the Trump administration are now halted and could soon be reversed.
In his first hours of presidency, President Biden instituted measures to delay some of the “midnight regulations” of the former administration. In a January 20 memorandum issued by White House Chief of Staff Ronald A. Klain, the Biden administration called on the heads of executive departments and federal agencies to withdraw or delay action on pending regulatory initiatives. Whereas Congress introduces and passes bills, which the President may then sign before such bills b
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As reported in
our prior alert, the Department of Labor (DOL) has issued its
final rule S
trengthening Wage Protections for the Temporary and
Permanent Employment of Certain Aliens in the United
States. Published today in the Federal Register,
the Final Rule is effective March 15, 2021. The rule
increases wages employers are required to pay H-1B workers by the
percentiles we previously reported for the four wage levels
utilized by the DOL 35
th percentile for Level 1,
followed by 53rd, 72nd and 90th percentiles.
The rule outlines a phased approach to
The Trump Administration announced on January 12, 2021 that it has promulgated a new, final rule that will significantly increase the wages that must be paid to holders of H-1B visas.