Wage Hike Rule Struck Down in Immigration Win
On October 8, 2020, the Department of Labor (DoL) released a new interim final rule, Strengthening the H-1B Nonimmigrant Visa Classification Program. The rule would make substantial changes to the definition of employer and employer-employee relationship. Furthermore, the DoL also released an interim final rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.
This particular rule significantly raised the prevailing wage rate at all levels. Essentially, this rule required employers to pay their foreign employees, that they are sponsoring, a much higher wage under the previous rule. This rule will likely have a chilling effect upon the hiring of foreign workers and the immigration field as a whole. In response, the U.S Chamber of Commerce, representing various businesses and universities, challenged the rule. Generally, the Administrative Procedure Act (APA) requires rules to undergo a notice and comment process before implementation. DoL argues that the issuance of these rules may bypass these standard procedures due to the Covid-19 pandemic. On December 1, 2020, the U.S District Court, Northern District of California, has vacated the interim rules stating that “the Rules on the basis that they were promulgated in violation of the [APA]”. As a result, these two rules will be set aside and not be implemented as originally planned.
It is undetermined whether DoL will appeal this decision or if proper notice and commenting procedures will take place. With the anticipated exit of the Trump administration from the executive office, a more immigration friendly Biden administration might make these rules moot. Here at Zhang and Associates, we aim to bring you the most relevant and up to date news in the immigration field. If you have any questions or concerns regarding any immigration related issue, our seasoned staff will be happy to help. For a free evaluation on your case or situation, please email us at firstname.lastname@example.org.
Former U.S. Consular officer, Attorney Sechyi Laiu joined Zhang & Associates, P.C. on June 26, 2017
At Zhang & Associates, P.C., Attorney Laiu specializes on Consular Processing cases and business development. Attorney Laiu also focuses on TN visas, E visas, CBP administrative proceedings (monetary confiscation, deferred inspection), and overseas financial compliance.
Prior to joining Zhang & Associates, P.C., Attorney Laiu worked for the U.S. Department of State as a Chinese and Portuguese speaking diplomat. As a consular-coned officer who served in Vancouver (Canada), Shenyang (P.R. China), and Rio de Janeiro (Brazil), Attorney Laiu processed over 30,000 visa cases and worked in every section of Consular Affairs overseas (Fraud Prevention Unit, Immigrant Visas, Non-Immigrant Visas, and American Citizen Services).
He will use his experience and expertise to deliver the highest quality of service to our clients.
Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.
At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, EB-5, PERM, I-485 I-130, H-1B, O, L and J cases. In the past twenty-two years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (email@example.com) for a free evaluation.
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