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Upcoming DOL Rule Expected to Raise H-1B, E-3, H-1B1, and PERM Wage Minimums

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The OMB (Office of Management and Budget) is checking a Department of Labor (DOL) guideline. It looks to rebuild the pay level system used to set up wage minimums in the H-1B, H-1B1, E-3, and PERM programs. The coming DOL rule is expected to increase wage requirements for the four programs.

The Department of Labor (DOL) intends to give the regulation as an interim final rule. The DOL rule having an immediate or near-immediate effect, with no opportunity for public feedback before the rule takes.

The Office of Management and Budget (OMB) continues to review a different interim final rule. That rule is expected to harden H-1B eligibility standards and employer commitments.

What Is The issue?

DOL has submitted to the OMB an optimized guideline to rebuild wage levels and requirements in the H-1B, H-1B1, E-3, and PERM programs. Despite the fact that the contents of the regulation will stay confidential until delivered for publication. The DOL rule is probably going to expand minimum wages in the four programs and tighten wage requirements for employers. H-1B wage increases have long been a plan of the Trump Administration. However, the upcoming DOL rule has not previously shown up on the Administration’s regulatory plan.

The Department of Labor intends to give the regulation an interim final rule with immediate or near-immediate effect. This implies that employers and other individuals from the general population would not have a chance to give public feedback before the rule takes effect. Generally, the OMB survey is the last step before an interim regulation is issued and executed.

[USCIS Extends Flexibility for Responding to Agency Requests]

The rule is being presented as the Department of Homeland Security (DHS). Also, it is moving ahead on its own interim final rule with a quick impact on the H-1B program. As we have announced, the DHS rule will change the key definitions of H-1B employment, employer-employee, and H-1B specialty occupation relationship. With a likely focus on hardening eligibility standards and further restricting the offsite placement of H-1B laborers. Further H-1B regulatory action is also possible.

What is next for the DOL Rule Wage Regulation

As long as OMB has 90 days to survey the regulation. However, it could take less time given the Trump Administration’s objective of imposing further limitations on the H-1B classification and other employment-based immigration programs. When OMB clears the guideline, it will be published in the Federal Register. Also, it is expected to take effect immediately or soon after publication. The regulation might be challenged in court.

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