December 02, 2020
Month: December 2020 December 2, 2020 This message is meant only for those clients who have either an H-1B, H-1B1, E-3 or PERM matter with our firm. This information may impact any upcoming filings in those categories. If that does not apply to you, you may ignore this message. DHS and DOL Rules Set Aside by District Court
This message is meant only for those clients who have either an H-1B, H-1B1, E-3 or PERM matter with our firm. This information may impact any upcoming filings in those categories. If that does not apply to you, you may ignore this message.
DHS and DOL Rules Set Aside by District Court
On December 1, 2020, the U.S. District Court for the Northern District of California set aside two rules implemented by the Department of Labor (DOL) and by the Department of Homeland Security (DHS) impacting prevailing wage levels and the H-1B visa process. The DOL rule became effective on October 8, 2020 and the DHS rule was set to become effective on December 7, 2020.
The DOL rule changed how prevailing wages were calculated, which resulted in a significant increase in prevailing wage levels for all occupations where the OES survey data is the prevailing wage source. This meant higher wages for positions associated with H-1B, H-1B1 and E-3 benefit requests as well as employment-based immigrant visa petitions relying on OES-based prevailing wage determinations. The DHS rule amended the criteria for specialty occupation positions in the H-1B context, among other changes.
The District Court decision means that both rules are set aside immediately and the prevailing wage calculations should revert back to those published prior to the introduction of the DOL rule in October.