DOL And DHS Amend Rules On Prevailing Wage And H-1B Requirements

President Trump's Buy American, Hire American Executive Order encouraged the United States Department of Labor (DOL) and the United States Department of Homeland Security (DHS) to propose new rules and guidance that will better protect the interests of U.S. workers as DOL and DHS administer the federal immigration laws.  In response, DOL has published a new rule that changes how the agency computes the prevailing wage applicable to certain permanent and temporary immigration classifications.  The rule raises such wages across the board and is effectively immediately.  Similarly, DHS has issued a rule that amends key definitions and standards that apply to the H-1B temporary classification.  Among other changes, the new rule limits the jobs that can qualify as “specialty occupations” and implements stricter standards for placing an H-1B employee at third-party worksites. The DHS rule is effective on December 7, 2020.  Through these new rules, DOL and DHS seek to combat