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The Department of Labor (DOL) has sent a rule that will amend wage levels for H-1B and permanent labor certifications (PERM) to the Office of Management and Budget (OMB) for review. The text of the rule is not yet available.
BAL Analysis: The Department of Homeland Security’s IFR, which will alter H-1B eligibility requirements, is also currently under OMB review. The text of both rules will be posted for public inspection in the coming weeks. It is not yet known whether the agencies will issue these rules with delayed effective dates. Though the agencies will likely argue that they do not need to consider public comments before making the rules effective, members of the public may still comment on an IFR. Litigation is expected, though it is too early to predict the likelihood of success. BAL is closely monitoring the progress of these rules and will report additional information on their potential impact when the text is available.
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