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U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

As an update to our December communication, both Interim Final Rules (IFRs) issued by the US DOL (DOL) and the Department of Homeland Security (DHS) were met with legal challenges. The Interim Final Rules would have resulted in significantly higher prevailing wages for certain visas and amended existing regulations by limiting certain key definitions and shortening validity periods for H-1B workers.

In a decision, issued on December 1, 2020, by the U.S. District Court for the Northern District of California ruled in favor of business and university, setting aside the two new interim final rules.

Next Steps for Employers

While these new rules will not take effect, it is recommended that employers with employees on employment visas or those considering hiring those with visas consult with their legal counsel to ensure compliance with all applicable labor laws.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.