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The Department of Labor (DOL) has posted a pre-publication version of a notice delaying the effective date of the agency’s rule to amend wage obligations for certain visa classifications and permanent labor certifications (PERM). The delay does not change the scheduled phase-in of higher wage obligations beginning July 1, but DOL continues to review whether to delay implementation.
Background: DOL attempted to increase wage obligations for the H-1B, H-1B1 and E-3 categories and PERMs through an Interim Final Rule (IFR) issued on Oct. 8, 2020, that took effect immediately. Federal courts struck down the IFR, finding that it did not go through proper rulemaking procedures, and the agency stopped applying it last fall. DOL published an amended final rule on Jan. 14.
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