04 Aug

August 2021: U.S. District Court Rules on Foreign Worker Final Rule

Posted at

2:13pm

in

Update Applicable to:
All employers in the United States. 

What happened?
On June 23, 2021, the U.S. District Court for the Northern District of California issued an order on the Final Rule (86 FR 3608), Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States. 

What are the details?
The U.S. District Court for the Northern District of California vacated the Final Rule (FR), which was an amendment to the U.S. Department of Labor’s regulations governing the prevailing wages for employment opportunities that U.S. employers seek to fill with foreign workers on a permanent or temporary basis under the PERM, H-1B, H-1B1, or E-3 visa programs. The matter has been sent back to the U.S. Department of Labor, who has delayed the FR (86 FR 26164). 

With the FR being sent back to the U.S. Department of Labor and the delays to the FR, the regulations in effect prior to the Interim Final Rule (IFR) and FR are still in place from October 7, 2021.   

Information on the Rule is here

The delay on the Rule is here

An article on the Rule is here. 

What do employers need to do?
Employers should review their policies and processes for workers under the PERM, H-1B, H-1B1, or E-3 visa programs and make any applicable updates to stay in compliance with the regulations that were in effect prior to the IFR and FR.

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