USCIS published a final rule delaying until December 31, 2021, the effective date of its final rule creating a wage-based selection process for H-1B petitions, which was originally set to become effective March 9, 2021. On Friday, USCIS announced the FY2022 H-1B cap initial registration period will open March 9, 2021.
Filed under: Visas | Tagged: H-1B, h1b, Prevailing Wage, Work Permit, Work Visa | Leave a comment »
An advance copy was made available of a USCIS final rule delaying until December 31, 2021, the effective date of the January 8, 2021, final rule creating a wage-based selection process for H-1Bs. The delayed effective date will be published in the Federal Register on February 8. Additionally, USCIS issued a policy memo noting that, in light of the Ninth Circuit’s decision in Innova Solutions v. Baran, effective immediately, USCIS is rescinding the 2017 policy memo (PM-602-0142), “Rescission of the December 22, 2000, ‘Guidance Memo on H1B Computer Related Positions.'”
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USCIS published a final rule in the Federal Register creating a wage-based selection process for H-1B registrations. The regulatory text is the same as the text in the notice of proposed rulemaking published on November 2, 2020. The rule is effective March 9, 2021.
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Filed under: Nonimmigrant Visa | Tagged: H-1B, h1b, Prevailing Wage, Work Permit | Leave a comment »
In response to a December 23, 2020, district court order in United Farm Workers, et al. v. DOL, et. al. that enjoined DOL from implementing the DOL final rule on Adverse Effect Wage Rate (AEWR) methodology for non-range H-2As, DOL’s Office of Foreign Labor Certification (OFLC) announced that H-2A job orders filed on or after December 21, 2020, must use the AEWRs in effect on December 20, 2020.
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Filed under: Nonimmigrant Visa | Tagged: H-2A, h2a, Prevailing Wage, Work Permit | Leave a comment »
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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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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On Monday, in a lawsuit filed by AILA and members of AILA’s Board of Governors on behalf of 17 organizational and individual plaintiffs, a federal judge granted the plaintiffs’ motion for summary judgment against DOL’s interim final rule, issued on October 8, 2020, that changed the prevailing wage rates.
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Finding that defendants “failed to show there was good cause to dispense with the rational and thoughtful discourse that is provided by the APA’s notice and comment requirements,” the U.S. District Court for the Northern District of California set aside the DHS interim final rule (IFR), Strengthening the H-1B Nonimmigrant Visa Classification Program, and the DOL IFR, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.
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As of today, DOL only accepts electronic filings of Form ETA 9141, Application for Prevailing Wage Determination, through the new Foreign Labor Application Gateway (FLAG) System. Furthermore, beginning Thursday, June 13, 2019, H‑2B applications will be accepted via FLAG, and on July 3, 2019, all H‑2B applications must be sumbmitted via FLAG
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