The Department of Labor (DOL) announced a final rule delaying the enforcement of the Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States (the rule or Final Rule).

The proposed new effective date is November 14, 2022, from the original May 14, 2021. This is a delay of 18 months. Corresponding delays to the rule’s transition dates are also adjusted.

The additional delay gives the DOL sufficient time to consider legal and policy issues related to the rule as well as offer the public the option to provide additional insight. Specifically, the Request for Information allows the public to give their thoughts on sources and methods for determining prevailing wage levels for jobs U.S. employers are considering hiring foreign workers to fill, either on a permanent or temporary basis.

Delaying the effective date also gives the DOL time to compute and validate prevailing wage data for specific occupations and geographic areas, test required system updates, complete training for staff, and work with the public to ensure an orderly and effective implementation of any changes.

Key Dates:

  • The final rule is effective November 14, 2022
  • Corresponding transition dates are delayed until January 1, 2023, January 1, 2024, January 1, 2025, and January 1, 2026, respectively.

If you have questions about H-1B, H-1B1, E-3, or other employment-related immigration questions, contact us at ILBSG. We work with you to ensure you Get The Right AdviceR.

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