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A federal judge has vacated a Department of Labor (DOL) rule that would have amended wage obligations for certain temporary visa classifications and permanent labor certifications (PERM).
Background: In December, Judge White set aside the Trump administration’s DOL rule and a DHS rule that amended H-1B eligibility criteria. DOL issued a final version of the wage regulation on Jan. 14, and after the change in administrations, the agency delayed the rule’s effective date until 2022. The plaintiffs in the case subsequently amended their complaint to challenge the updated version of the DOL rule and the H-1B lottery prioritization rule.
BAL Analysis: Now that the DOL wage rule has been vacated, the matter will go back to the agency for further review and consideration. BAL will continue to follow the litigation as it relates to the H-1B lottery prioritization rule and will update clients as information becomes available.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact firstname.lastname@example.org.
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