New Biden Move Hurts Tech Workers, Recent College Grads
by Joe Guzzardi, May 21, 2021
Recently, 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,” mostly foreign nationals working on employment-based visas.
The final rule, originally published in January 2021, will now become effective on November 14, 2022. The greater likelihood, however, is that the rule will be delayed again or totally ignored.
The Department of Labor s official explanation is that the one-and-a-half-year pushback will provide the department time to evaluate the legality and policy consequences of the Trump administration’s order and also allow time to review public feedback.
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In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden administration can be expected to advance its own proposals soon.
The first part of this two-part blog series focused on the Biden administration’s first 100 days and reviewed the administration’s legislative plans. The second part of the series addresses policy developments occurring at the executive branch agencies and independent agencies.
U.S. Department of Labor
Personnel Is Policy
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