Wednesday, May 19, 2021 The effective date of the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigration and Non-Immigrants in the United States” (Prevailing Wage Rule) related to H-1B, H-1B1, and E-3 work visa cases, as well as for PERM cases, is delayed to November 14, 2022. The Biden Administration states that it continues to review the rule. However, the administration has released the implementation schedule. This should allow employers to prepare and strategize for what undoubtedly will be some sort of wage increase. Background In October 2020, the Trump Administration issued the Prevailing Wage Rule as an Interim Final Rule (IFR) that would have significantly raised prevailing wage requirements for H-1B, H-1B1, and E-3 work visa cases, as well as for PERM cases. The wage increase was so substantial and quick that employers would have had difficulty hiring entry level workers, who constitute approximately 60 percent of all H-1B and E-3 employees. The IFR was enjoined by a court. In response, the Trump Administration issued the rule again – this time as a final rule following the Administration Procedures Act Notice and Comment process. The final rule was set to take effect on March 15, 2021.