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ARTICLE · 20 JANUARY 2021

Labor Department Issues Another Minimum Wage Rule For High-Skilled Workers

Jackson Lewis P.C.
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Apparently undeterred by prior litigation striking it down, the Department of Labor (DOL) has published another rule in the Federal Register raising minimum wages for high-skilled workers.

United StatesEmployment and HR
Maggie Murphy
Maggie Murphy

Apparently undeterred by prior litigation striking it down, the Department of Labor (DOL) has published another rule in the Federal Register raising minimum wages for high-skilled workers. The  "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States" Rule (Wage Protection Rule) will go into effect on March 15, 2021 and will start to affect H-1B, H-1B1, and E-3 work visa cases, as well as PERM filings in July 2021.

Employers sponsoring individuals in these types of cases must affirm that they will pay the appropriate prevailing wage as determined by DOL. There are four DOL wage levels. The minimum wages for each level are based on the DOL's calculation of the local median salary for a specific position. In the October 8, 2020, iteration of the Wage Protection Rule, Level I was changed from the 17th Percentile to 45th Percentile. Level II moved from the 34th Percentile to the 62nd. Level III went from the 50th 

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