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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