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
PERM
Biden Directs Review of Immigration Policies, Seeks to Reduce Unnecessary Barriers
By Michael H. Neifach, Amy L. Peck & Otieno B. Ombok on
Posted in Asylum / Refugee, Biden Administration, Citizenship, DAPA / DACA, DED, EADs, Executive Orders, H-1B, H-4, PERM, TPS, Travel Ban, Trump Administration, USCIS
On the same day his nominee for Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas, was confirmed, President Joe Biden signed several Executive Orders regarding immigration, including one that directs complete review of policies.
The first, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New…
Prevailing Wage Rule Delayed 60 Days
By Maggie Murphy on
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 Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States rule (Prevailing Wage Rule) for 60 days while the Department of Labor (DOL)…
Labor Department Issues Another Minimum Wage Rule for High-Skilled Workers
Apparently undeterred by prior litigation striking it down, the Department of Labor (DOL) has published another rule in the Federal Register raising minimum wages for high-skilled workers. The “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” Rule (Wage Protection Rule) will go into effect on March 15,…
Judge Strikes Down Administration Rules Restricting Employers’ Use of Visas
On December 1, Judge Jeffrey S. White granted the plaintiffs’ request to set aside two separate rules issued by the Trump Administration that would have drastically undermined the ability of employers to utilize both the H-1B and PERM visa programs. In Chamber of Commerce of the United States v. United States Department of Homeland Security,…
WEBINAR: Navigating Immigration in the Life Sciences Industry
Posted in COVID-19, Department of Labor, Executive Orders, General, H-1B, Industry Specific, PERM, Travel (General), USCIS
Suits Challenge New Rules on H-1B and PERM Labor Certification Programs
By Michael H. Neifach & Amy L. Peck on
Business groups, universities, and technology consulting firms have filed suits seeking to enjoin the new rules on H-1B and PERM labor certification programs issued by the Department of Homeland Security (DHS) and the Department of Labor (DOL) on October 8, 2020.
Those rules, both issued as Interim Final rules and without the usual notice and…
New DOL Rule Could Limit Some Employers’ Hiring and Retention of Highly Skilled Foreign Employees
By Alexandra LaCombe & Amy L. Peck on
After months of speculation, the Department of Labor’s (DOL’s) “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” rule was finally released to the public. It will be published in the Federal Register on October 8, 2020 and will go into effect immediately upon publication. The rule’s wage…
Changes to Modernize H-2B Visa Process Cut Print Newspaper Requirement
By Nicola Ai Ling Prall on
Just as the H-2B visas for the first half of the fiscal year 2020 ran out (with some limited exceptions), the Department of Homeland Security (DHS), in cooperation with the Department of Labor (DOL), has released a new final rule on H-2B visas that changes and modernizes the recruitment process.
The rule, which becomes effective…