New Wage Rule Vacated

Update July 5, 2021

Due to a recent court decision in Chamber of Commerce, et al. v. DHS, et al., No. 20-cv-7331, the final rule on the computation of prevailing wage levels has been vacated and remanded back to the U.S. Department of Labor. The final rule was widely seen as an attempt to increase prevailing wages which would impact H-1B and PERM cases.

DOL posted an update (copy below) on June 29, 2021.

Update March 18, 2021

DOL has now proposed to further delay the final rule on the computation of prevailing wage levels for 18 months. The effective date of the rule has already been delayed once to 05/14/2021. Now, the new effective date has been pushed to 11/14/2022. Below is DOL’s proposal to further delay.

Original Post January 28, 2021

Advance copy of DOL’s proposed delay of the Wage Increase Rule just released. The Final Rule on Computation of Prevailing Wage Levels will be delayed until 05/14/2021. Employers and employees are advised to prepare and file Labor Condition Applications LCA prior to 05/14/2021 so that related H1B petitions may keep current wage level.