Court Sets Aside Immigration Rules Impacting Wage Requirements And H-1B Eligibility

On December 1, 2020, a federal district court set aside two immigration-related rules, finding that the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) had failed to promulgate the rules in a legally compliant manner. Importantly, this means that DOL has reverted to the lower prevailing wage rates in effect prior to October 8, 2020.

As noted in our prior LEGALcurrents, the DOL rule immediately (as of October 8, 2020) increased prevailing wage requirements for H-1B visa holders and for certain foreign nationals seeking permanent residence through employment-based sponsorship. The DHS rule sought to tighten restrictions on the H-1B visa program. In response to a legal challenge by the U.S. Chamber of Commerce, joined by numerous trade groups and universities, a federal district court in California has set aside both rules. As a result of the court order, DOL has reverted to the wage levels in place before the rule took effect, and DHS