Two New Rules Affecting H-1Bs and PERMs

By Andrew M. Wilson

October 6, 2020 | Immigration Blog

Two new rules just announced today could affect H-1Bs and PERMs. They are the DOL Prevailing Wage Interim Final Rule and the DHS H-1B Strengthening Rule.

The DOL Prevailing Wage Interim Final Rule cites President Trump's Buy American/Hire American initiative to change how prevailing wage level figures are calculated. The rule changes the prevailing wage levels 1-4 from the 17, 34, 50 and 67th percentiles to 45, 62, 78 and 95 percentile of surveyed wages from BLS. You can see the rule at:

The rule takes affect immediately and will result in higher prevailing wage designations.

According to DHS, the DHS H-1B Strengthening Rule sets to narrow the definition of “specialty occupation”, will require companies to make “real” offers to “real employees” and enhance DHS’s ability to enforce compliance through worksite inspections. It will take effect in 60 days.

It is expected that both rules will be challenged in court. We will also have to see how the upcoming presidential election affects the implementation of these rules.

Please contact an LMWF immigration team member with any specific questions, and check back regularly on this blog for updates on changing rules and policies.

Disclaimer: The information in this post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from our firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

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