Skip to Content

New DOL and DHS Rules Set Aside by Federal Court

Akula & Associates P.C.

On December 1, 2020, a California District Court set aside the Department of Labor (DOL) and Department of Homeland Security (DHS) rule intended to increase prevailing wages and restrict the eligibility for H-1Bs. The district court determined that the agencies did not follow proper rule-making procedures thereby violating the Administrative Procedures Act. At this time, it is unknown whether the government will appeal the case. The DHS rule was set to take effect on December 7th.

Until DOL and DHS executes the changes in accordance with the court's decision, we will not have a comprehensive overview of when the prevailing wages will revert to normal and whether determinations with higher salaries will be reissued. It is yet to be determined how the agencies will proceed with implementing the order.

Source: 92479/#:~:text=In%20a%20much%2Danticipated%20decision,to%20the%20H%2D1B%20program.