The White House has announced issuance of two new rules, both of which will take effect immediately upon publication in the Federal Register:
- The Department of Homeland Security’s H-1B rule, “Strengthening the H-1B Non-immigrant Visa Classification Program,” which has been on the DHS regulatory agenda for many years, including its first appearance in Fall 2017 under the current administration. It has since appeared in every other regulatory agenda since then, including Spring 2018, Fall 2018, Spring 2019, Fall 2019, and Spring 2020, as summarized on Reginfo.gov. The DHS announcement about the upcoming rule is included here.
- The Department of Labor’s rule increasing prevailing wage requirements for US employers, which apply to the Labor Condition Application filings that accompany H-1B, H-1B1, and E-3 petitions (including amendments and extensions), and apply to PERM labor certifications. Wage Level 1 will increase from the 17th percentile to the 45th percentile. Wage Levels 2, 3, and 4 all are increasing substantially above the current 50th percentile for Wage Level 3. Wage Wage Level 2 will increase to the 62nd percentile; Wage Level 3 to the 78th percentile; and Wage Level 4 to the 90th percentile. Percentiles are calculated for the specific occupational classification and vary by location (typically the Metropolitan Statistical Area or “normal commuting distance” from the job location).
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