UncategorizedDHS and DOL Rules Altering the H-1B Process and Prevailing Wage Levels

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In October 2020, DHS issued the Strengthening the H-1B Nonimmigrant Visa Classification Program Interim Final Rule revising the definition of “Specialty Occupation” and DOL issued the Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States Interim Final Rule, amending the regulations governing permanent labor certifications and Labor Condition Applications to incorporate changes to the computation of prevailing wage levels. Together, these rules upend decades of requirements for the H-1B program.

On February 8, 2021, USCIS published a final rule delaying the effective date of the rule creating a wage-based selection process for H-1Bs to December 31, 2021. Comments regarding the delay of the effective date will be accepted until March 10, 2021.

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