The Department of Labor will publish a request for information (RFI) on the sources of data and methodologies for determining prevailing wage levels for jobs that U.S. employers seek to fill with foreign workers through certain employment-based immigrant and H-1B, H-1B1, and E-3 nonimmigrant visa programs.

Key Points:

  • DOL posted a pre-publication version of the RFI and is scheduled to publish it in the Federal Register tomorrow, April 2.
  • DOL will accept information from employers and other interested parties for 60 days.
  • The agency stated that it will use the information it receives in its review of the current wage rule, which may result in a future proposed regulation to revise prevailing wage levels.

Background: The DOL wage rule was originally issued in October 2020 without notice or a public comment period, and was struck down by a federal court in December. The Trump administration issued a new version of the rule in January, providing for less dramatic wage increases, a delayed effective date and a phased-in approach to implementing new wage levels beginning July 1, 2021.

Last month, DOL proposed to delay the rule until Nov. 14, 2022, and push the beginning of the phased implementation of the higher wages to Jan. 1, 2023. The agency is accepting comments on the delay proposal until April 21, and will need to review the comments and publish a final rule to officially delay the higher wages beyond July 1.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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