News & Analysis as of

H-1B Department of Labor (DOL) Wage and Hour

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Littler

DOL Shifts Wage Data Source for Occupations

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As of July 1, 2024, the Foreign Labor Certification (FLC) Data Center website (FLCDataCenter.com) will be discontinued and will not be available for providing prevailing wage data for occupations. Prevailing wage information...more

Jackson Lewis P.C.

Reconsidering Repayment Agreements with Foreign Employees

Jackson Lewis P.C. on

It is not unusual for employers to require foreign employees to sign repayment agreements that require the employee to repay some or all required immigration process costs if the employee terminates employment before the end...more

Littler

DOL Releases Annual Fine Increases for Immigration-Related Violations

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The U.S. Department of Labor (DOL) published its new immigration-related fines/penalties, effective January 15, 2024. Immigration-related violations before the DOL involve these visas: H-1B, H-2A, and H-2B. These increases...more

Jackson Lewis P.C.

Employers’ Notification Requirements When Employing Foreign Nationals in H-1B, H-1B1, E-3

Jackson Lewis P.C. on

Employers that employ foreign nationals have various notification requirements. Immigration cases that require LCA (Labor Condition Application) filings with the Department of Labor (DOL) before submitting petitions to USCIS...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Jackson Lewis P.C.

Higher Enforcement Activity Expected After DOL-EEOC Partnership Agreement

Jackson Lewis P.C. on

The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) have announced they will be collaborating and sharing information to improve their enforcement efforts....more

Littler

Ninth Circuit Affirms Employer’s Obligations Under the Labor Condition Application

Littler on

The U.S. Court of Appeals for the Ninth Circuit recently affirmed an employer’s duty to comply with the attestations made under the Labor Condition Application (LCA) to pay its foreign national employee during the period of...more

Constangy, Brooks, Smith & Prophete, LLP

Appeals court affirms back pay award to E-3 worker, including for time that he was not working

A variety of U.S. work visas require employers to pay a certain salary to foreign workers whom they employ in the United States. But one employer was recently surprised by an appeals court ruling that it was required to...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Mintz - Immigration Viewpoints

Department of Labor Rescinds Prior Regulation that Dramatically Increased Prevailing Wages

On December 14, 2021, the Department of Labor (DOL) published a final rule that rescinds a previous DOL regulation implemented in January 2021. The January 2021 regulation would have led to a dramatic increase in prevailing...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

100 Days of the Biden Administration, Part II: Key Labor and Employment Policy Developments

In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...more

Gibney Anthony & Flaherty, LLP

DOL Prevailing Wage Rule Postponed

The Department of Labor (DOL) has further postponed the effective date of its prevailing wage final rule to November 14, 2022. The final rule significantly increases prevailing wage requirements for permanent resident and...more

Dickinson Wright

THE PERM PUZZLE: Putting the Pieces Together Toward a Successful Labor Certification Process

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Introduction - The Perm Labor Certification process can be described as various pieces of a puzzle being identified and carefully positioned, with the end goal of forming a full picture in the smoothest and most efficient...more

Mintz - Immigration Viewpoints

USCIS Announces H-1B Registration Period for March 2021 H-1B Cap

On Friday, February 5, 2021, US Citizenship and Immigration Services (USCIS) announced that the online registration period for H-1B quota selection for Fiscal Year 2022 will begin on March 9 at 12:00 pm (noon) eastern...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - February 2021

Congress Sees Its Shadow. It was Groundhog Day this past week, and it sure feels like we have been living the same day over and over again with the way that the parties in Congress can’t agree on an economic stimulus package....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Delays Implementation of Updated OES Wage Rule

On February 1, 2021, the U.S. Department of Labor (DOL) formally proposed delaying the implementation of its final rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in...more

Mintz - Immigration Viewpoints

Department of Labor Publishes Regulation to Increase Prevailing Wages

On Thursday, January 14, the Department of Labor (DOL) published a regulation which will significantly increase prevailing wage requirements effective July 2021....more

Burr & Forman

DOL’s Second Try at Prevailing Wage Rule May Impact H-1B and Green Card Filings

Burr & Forman on

After federal courts blocked their first attempt in December, the U.S. Department of Labor (“DOL”) recently published a new final rule seeking to again increase the minimum wage paid to foreign workers when sponsored for an...more

Jackson Lewis P.C.

Labor Department Issues Another Minimum Wage Rule For High-Skilled Workers

Jackson Lewis P.C. on

Apparently undeterred by prior litigation striking it down, the Department of Labor (DOL) has published another rule in the Federal Register raising minimum wages for high-skilled workers. The “Strengthening Wage Protections...more

Dentons

2021 H-1B “Cap” Registration and Lottery

Dentons on

The H-1B “lottery” will soon be upon us. Here are some action steps employers seeking an H-1B visa can take now to prepare. H-1B Lottery Overview - The number of new H-1Bs available for most employers each year is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Rulemaking Redux: DOL Issues Updated Final Rule Adjusting Wage-Level Calculations for H-1B, H-1B1, and E-3 Visa and PERM Cases

On January 12, 2021, the U.S. Department of Labor (DOL) announced an updated final rule designed to increase prevailing wages required for certain visa processes. The updated rule, entitled “Strengthening Wage Protections for...more

Constangy, Brooks, Smith & Prophete, LLP

DOL Will Increase Wage Rates For High-Skilled Worker Visas...Or Will It?

The U.S. Department of Labor has again issued a final rule on the computation of prevailing wage levels for high-skilled foreign workers. The rule is intended to replace a prevailing wage rule issued in October that was...more

Morgan Lewis

DOL Changes How Prevailing Wages Are Determined for Immigration Purposes

Morgan Lewis on

Effective June 30, 2021, the US Department of Labor will determine the prevailing wage for permanent labor certifications and labor condition applications based on a new formula for computing prevailing wage levels, resulting...more

Mintz - Immigration Viewpoints

USCIS Publishes Final Rule Revising the H-1B Cap Lottery from a Random Lottery to a Wage-Based Selection Process

On Friday, January 8, 2021, the Department of Homeland Security (DHS) published the final rule to replace the current U.S. Citizenship and Immigration Services (USCIS) H-1B visa petition selection process based on a random...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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