US Dept. of Labor Announces 18-month Delay in Prevailing Wage Rule for Visas
1:40 pm EDT
Today, the U.S. Department of Labor announced an 18-month delay in the effective date of the final rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.
Published in January 2021, the final rule affects employers seeking to employ foreign workers on a permanent through certain immigrant visas or on a temporary basis through H-1B, H-1B1 and E-3 non-immigrant visas. The final rule will now go into effect on Nov. 14, 2022.
Roy Beck, President of NumbersUSA, explains the impact of the administration s decision:
Policy developments in the first 100 days of President Biden's Administration occurring at executive branch and independent agencies to include US DOL, National Labor Relations Board NLRB, and U.S. Citizenship and Immigration Services USCIS.
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
Final Rule on Wage Protections for Temporary and Permanent Employment of Certain Aliens Delayed
Forced Labor | More Nitrile Glove Imports Seized Upcoming Congressional Hearings
Biden Administration Labor Leadership Updates
On May 12, the Senate Health, Education, Labor, & Pensions (HELP) Committee advanced the following nominations out of committee for full Senate consideration:
Jennifer Abruzzo, to serve as General Counsel of the National Labor Relations Board (NLRB), by a party-line vote of 11 to 11;
Seema Nanda, to serve as Solicitor for the U.S. Department of Labor by a vote of 14 to eight; and
Jocelyn Samuels, for a new term on the U.S. Equal Employment Opportunity Commission, by a vote of 14 to eight.
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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