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The U.S. Department of Labor (DOL) announced it will publish a final rule to amend wage obligations for the H-1B, H-1B1 and E-3 specialty occupation visa classifications and for permanent labor certifications (PERMs).
Key Points:
Background: The agency previously attempted to increase wage obligations for the H-1B, H-1B1 and E-3 categories and PERMs through an Interim Final Rule (IFR) issued on Oct. 8, 2020, that took effect immediately. A federal court struck down the IFR, finding that it did not go through proper rulemaking procedures, and the agency stopped applying it in compliance with the court order. The new regulation makes changes to the IFR, including revised wage levels, a transition period that begins July 1, and a phased adoption of the new wage levels.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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