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Prevailing Wages Department of Labor (DOL) Foreign Workers

Harris Beach PLLC

Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know

Harris Beach PLLC on

The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more

Littler

DOL Shifts Wage Data Source for Occupations

Littler on

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

Dickinson Wright

Navigating PERM in FLAG and the New Form ETA-9089

Dickinson Wright on

On June 1, 2023, the Department of Labor (DOL) officially transitioned its online PERM labor certification filings from its legacy PERM portal to the FLAG System. In addition to announcing the PERM system transition, the DOL...more

Holland & Hart - Employers' Lawyers

Employment Based Green Card Processing: What Employers Should Know Regarding the Importance of Drafting the PERM Notice of Filing

To hire a foreign worker on a permanent basis, the most common pathway for employers to sponsor an employee for a Green Card is through obtaining a permanent Labor Certification from the U.S. Department of Labor (DOL). This...more

Dickinson Wright

State Pay Transparency Laws: 5 Questions Employers Must Ask Before Starting a PERM Recruitment Campaign

Dickinson Wright on

Over the past couple of years, multiple states have enacted pay transparency laws with the goal of increasing wage transparency for job seekers. The objective of these laws is ultimately to achieve pay equality as job...more

Harris Beach PLLC

New York City Pay Transparency Law To Affect Employers Hiring In NYC And Labor Certifications For Foreign National Employees

Harris Beach PLLC on

As of November 1, 2022, most employers in New York City must comply with the City’s new pay transparency legislation. The legislation amends the N.Y. City Human Rights Law (“NYCHRL”), requiring covered employers to include...more

Nilan Johnson Lewis PA

Pay Transparency and PERMs: An Immigration/Pay Transparency Conundrum

Nilan Johnson Lewis PA on

States, municipalities, and other local regulatory entities continue to impose additional pay transparency requirements upon employers hiring in various jurisdictions throughout the United States. In some locations, employers...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

Burr & Forman

Department of Labor Announces Updates Regarding Prevailing Wages For Certain Foreign Temporary and Permanent Workers

Burr & Forman on

On October 7, 2020, the Department of Labor (“DOL”) announced an Interim Final Rule titled, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” would go into...more

Constangy, Brooks, Smith & Prophete, LLP

Court Vacates Trump Administration Regs That Would Have Increased Prevailing Wage For H-1B, Green Card Workers

With the consent of the U.S. Department of Labor, a federal judge in San Francisco has vacated final regulations issued by the Trump Administration that would have significantly increased the “prevailing wage” that would...more

Jackson Lewis P.C.

DOL Tells Court It Will Not Defend Proposed Prevailing Wage Rule

Jackson Lewis P.C. on

The Department of Labor (DOL) has informed a federal court in California that it did not wish to defend the proposed prevailing wage rule, which would impose steep wage hikes, “at the same time that is internally evaluating...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

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

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

Tonkon Torp LLP

DOL Publishes Final Rule Impacting Prevailing Wages

Tonkon Torp LLP on

The U.S. Department of Labor (DOL) published a final rule to incorporate changes to the computation of prevailing wage levels for H-1B, H-1B1, and E-3 temporary classifications, as well as for certain permanent residence...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

WilmerHale

Trump Administration Increases Salary Requirements for H-1B Visa Holders

WilmerHale on

The Trump Administration announced on January 12, 2021 that it has promulgated a new, final rule that will significantly increase the wages that must be paid to holders of H-1B visas for highly skilled workers, though the...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

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

District Court Invalidates New DOL Wage Regulations for a Third Time in December 2020

On December 14, 2020, the U.S. District Court for the District of Columbia granted a motion for partial summary judgment in favor of the plaintiffs to invalidate recent regulations from the U.S. Department of Labor (DOL),...more

Littler

DOL Confirms it Will Comply With New Court Order on Wage Rates

Littler on

The U.S. Department of Labor has announced that it plans to comply with a new U.S. district court order ruling that the agency violated the Administrative Procedure Act by failing to engage in the proper rule-making process...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Invalidates Trump Administration Rules on H-1B visas and Employment-Based Green Cards

Key Points - DHS and DOL Interim Final Rules on H-1B visas and prevailing wage levels have been struck down by the Court. - Definition of “specialty occupation” and rules for third-party placement of H-1B employees...more

Davis Wright Tremaine LLP

DOL Reverts to Lower Wage Requirements After Courts Block H-1B Rule Changes

Courts again have thwarted the Trump Administration's efforts to change H-1B rules and to increase the required wages that U.S. employers must pay to foreign workers. On December 1 and 3, 2020, a federal court order in...more

Fisher Phillips

Federal Judge Blocks New H-1B Pay Rules

Fisher Phillips on

In a major blow to the Trump administration, a federal court recently struck down two immigration rules that would limit the ability of skilled foreign workers to obtain H-1B visas. In a December 1 ruling, the U.S. District...more

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