The Department of Labor (DOL) has published a final rule in the Federal Register to further delay the effective date of the rule titled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” The prevailing wage rule affects wage determinations for H-1B, H-1B1, H-3, and PERM applications. The rule’s effective date is now November 14, 2022.
The prevailing wage rule was originally scheduled to take effect on March 15, 2021, but its implementation date was delayed until May 14, 2021. On March 22, 2021, the DOL proposed to delay the rule’s effective date again for an additional 18 months until November 14, 2022.
What Should Employers and Applicants Know?
Delaying the prevailing wage rule’s effective date gives the DOL sufficient time for a full consideration of the legal and policy issues that the rule raises. Through a Request for Information (RFI), the agency will accept information from the public on prevailing wage data and methods used to determine prevailing wages through June 1, 2021. The agency will review information collected during that time and may take additional action if necessary.
The prevailing wage rule is subject to ongoing litigation. Envoy Global and Global Immigration Associates (GIA) will continue to provide updates as they become available.
Envoy is pleased to provide you this information, which was prepared in collaboration with Ian Love, who is a Partner at Global Immigration Associates, P.C. (www.giafirm.com), Envoy’s affiliated law firm.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional.