A second set of new wage requirements for H-1B specialty occupation visa holders and employment-based green card applicants have been announced by the U.S. Labor Department. The latest change includes a phased-in approach to wage level changes, based on responses to the interim rule issued in October 2020.

Details of the final rule are available online. The Department of Labor (DOL) adopted wage rates for U.S. based opportunities that employers look to fill with foreign workers. Specifically, foreign workers who permanent or temporary employment rights through the H-1B, H-1B1, or E-3 non-immigrant visas.

The interim final rule took effect on October 9, 2020, published through the Federal Register. Subsequently, several lawsuits were filed in courts across the country, including New Jersey, the District of Columbia, and California, by universities, technology staffing companies, and business organizations. The interim final rule was blocked by U.S. judges in Washington and California, based on the DOL not following appropriate allowances for comment.

The four tiers of wages that an employer must pay to high-skilled guest workers are outlined in the new rule. The rates are determined by the position requirements and the geographic region of the employed visa holder. In general, there is a pay raise of about 30% for those visa holders.

However, president-elect Joe Biden’s transition team stated Mr. Biden will issue a memo effective on Inauguration Day to block some actions created by the Trump administration. In the statement of December 30, 2020, Mr. Biden’s transition team said the memo will block actions that have not yet become official.

ILBSG remains committed to helping our clients navigate the shifting policy changes. We take every step possible to ensure your continued success. For any questions, please contact an ILBSG attorney today.

h-1b immigration