Search
Contact
Login
Share this article
Following two court rulings this week blocking enforcement of a wage regulation that significantly increased H-1B and PERM wage thresholds, the Department of Labor (DOL) has responded regarding how it will comply with the court orders.
Key Points:
Background: The agency issued the wage regulation on Oct. 8 as an “interim final rule” that took effect immediately without giving the public notice of the rule or an opportunity to comment before the rule became effective. The regulation dramatically increased wage minimums for permanent labor certifications (PERM) and H-1B, H-1B1 and E-3 “specialty occupation” categories. Federal judges in California and New Jersey ruled this week in favor of plaintiffs who argued that the government lacked good cause for skipping normal rulemaking procedures in violation of the Administrative Procedure Act. The judge in New Jersey issued a limited injunction to prevent the department from enforcing the rule against the plaintiffs in the case, but the judge in California ruled that the regulation must be set aside, barring the government from enforcing it nationwide.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
Indian authorities announced an agreement with Moldova on a visa waiver policy for holders of diplomatic and official passports. Key…
The Kazakh government announced an agreement with Vietnam for a mutual visa-free travel policy. Key Points: Effective May 25, nationals…
The State Department is on pace to issue a record number of nonimmigrant visas this year. DACA recipients can…
The Australian government announced additional changes to its migration strategy. Key Points: As BAL previously reported, the Australian…