Forbes reports on the decision issued yesterday in a lawsuit filed by AILA and members of AILA’s Board of Governors challenging the new DOL interim final rule on prevailing wage rates, which inflated the required minimum wage for H-1B visa holders and employment-based immigrants. U.S. District Judge Emmet C. Sullivan ruled that the new rule violated the APA when it claimed a “good cause” exception to publish the rule without public comment. Judge Sullivan ordered DOL “to reissue any prevailing wage determinations issued on or after October 8, 2020, under the wage methodology” of the now unlawful DOL wage rule.
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Trump Administration Loses a Third H-1B Visa Court Case
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Advance Copy Release of New DOL Final Rule on Prevailing Wage
An advance copy was made available of a new DOL final rule that adopts, with changes, the interim final rule published on October 8, 2020, making changes to the computation of prevailing wage levels. The final rule is currently pending placement on public inspection and publication in the Federal Register and is expected to take effect 60 days from the date of publication. The effective date of the rule will likely be further extended as President-Elect Biden’s transition team has indicated that his administration will issue a memorandum on January 20 delaying implementation of “midnight regulations” (i.e., regulations issued since the election but not yet effective) for 60 days. Groups that previously challenged this regulation are also expected to continue to litigate the revised final rule.
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