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The Department of Labor (DOL) will propose a regulation to further delay a rule that significantly increases wage levels for H-1B and other specialty occupation workers. The agency posted a pre-publication version of a proposed rule today.
Background: The wage rule was originally issued in October 2020 without notice or a public comment period, and was struck down by a federal court in December. Before Trump left office, the administration issued the current version of the rule that provided for less dramatic wage increases, a delayed effective date and a phased-in approach to implementing the wage levels. Litigation remains pending challenging the regulation.
BAL Analysis: DOL will accept comments on the proposal for 30 days and will publish a final rule after reviewing the comments. The proposed delay in the effective date of the regulation until next year and in the implementation of the higher wage levels until January 2023 is a positive development. The delay would afford the agency more time to assess the economic analysis on which the regulation was based and give employers more time to plan for potential increases to the required wage thresholds for affected employees.
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