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DHS and DOL Rules Altering the H-1B Process and Prevailing Wage Levels

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We have received confirmation that the Department of Labor (DOL)’s Prevailing Wage Rule titled, “Restructuring of H-1B/H-1B1/E-3 and PERM Wage Levels” has completed final stages of review and is expected to be republished as a final rule on Thursday, January 14, 2021. The rule is expected to take effect 60 days from the date of publication. The effective date of the rule will likely be further extended as the President-Elect’s transition team has indicated that the Biden Administration will issue a memorandum on January 20, 2021 delaying implementation of “midnight regulations” (i.e. those issued since the election but not yet effective) for 60 days. It is also expected that groups that previously challenged this regulation will continue to litigate the revised final rule. We will continue to update this page with additional information as it is available Please note, the rule was initially published and effective on October 8, 2020. It was struck down on December 1, 2020, alongside a DHS interim final rule that amended requirements for H-1B classification.