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The U.S. Department of Homeland Security (DHS) and Department of Labor (DOL) will publish regulations in the coming days that will amend H-1B eligibility criteria and wage requirements for the H-1B, H-1B1, and E-3 categories and permanent labor certifications (PERM). The agencies announced the rules today, but have not yet officially published them.
BAL Analysis: Both agencies are expected to post the text of the rules in the coming days for public inspection, and then will officially publish them in the Federal Register. The DOL rule will take effect immediately upon publication, while the DHS rule will take effect 60 days after publication. Members of the public may comment on the rules. Litigation is expected, though it is too early to predict the likelihood of success. Since President Trump signed the “Buy American and Hire American” Executive Order in 2017, the administration has indicated plans to impose stricter eligibility and wage requirements in high-skilled immigration categories. BAL is continuing to assess the impact of these regulations and will provide additional analysis in the coming days.
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