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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.
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