On December 1, 2020, the U.S. District Court for the Northern
District of California issued an order in connection with an
industry group lawsuit against both the U.S. Department of Homeland
Security (DHS) and the U.S. Department of Labor (DOL). The judge
found that both Departments failed to properly follow standard U.S.
legal procedures governing the issuance of new regulations, in
connection with the two immigration rule changes below from
October. The court order sets aside both rules immediately,
bringing much needed relief, especially to employers who were
already struggling to comply with the perplexing new DOL prevailing
wage calculations.
DHS “Strengthening the H–1B Nonimmigrant Visa
… Program” Rule