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The Department of Labor (DOL) will delay its regulation to amend wage obligations for certain temporary visa classifications and permanent labor certifications (PERM), according to a pre-publication notice posted Wednesday.
Key Points:
Background: The DOL wage rule was originally issued in October 2020 and took effect immediately without notice or a public comment period. It was then 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. The Biden administration has now delayed the rule again to allow more time to review it. A pre-publication version of the delay rule is available here. The final rule is scheduled for publication in the Federal Register on May 13.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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