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ARTICLE · 05 NOVEMBER 2020

DOL, DHS Issue New Rules For H-1B Process And Prevailing Wage Computation

Ballard Spahr LLP
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The new DOL rule significantly increases prevailing wage levels, purporting to reflect the accurate wage rate of U.S. workers performing the same kinds of jobs and with similar qualifications.

United StatesEmployment and HR
Labor And Employment Group
Labor And Employment Group
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SUMMARY

The U.S. Departments of Labor (DOL) and Homeland Security (DHS) published interim final rules yesterday that amend regulations governing prevailing wage computation and the definition of "specialty occupation" in the H-1B visa program for foreign workers. 

THE UPSHOT

  • The changes are consistent with President Trump's 2017 Executive Order, Buy American, Hire American. They are designed to protect the economic interests of U.S. workers and prevent fraud and abuse within the immigration system, according to Trump administration officials.
  • The new DOL rule took effect yesterday; the DHS rule takes effect in 60 days, on December 7, 2020.
  • Promulgation of the rules appears to bypass the usual procedural requirements and most likely will be legally challenged.

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