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LawFlash: Federal Court Sets Aside DOL and DHS Rules Restricting H-1B Category; Appeal Likely

December 10, 2020

Our immigration team recently posted a LawFlash to discuss a recent decision by the US District Court for the Northern District of California that set aside two Interim Final Rules (IFRs) that sought to restrict severely eligibility for the H-1B Specialty Occupation nonimmigrant category. 

The first of these, the US Department of Labor’s IFR, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, went into effect on October 8 of this year and restructured the Occupational Employment Statistics (OES) prevailing wage system for H-1B, H-1B1, E-3, and PERM labor certification applications to increase the prevailing wage levels for each of the four OES levels by approximately 28%. This LawFlash may be of interest to our healthcare industry readers.

Read the full LawFlash >>

For information on the initial DOL rule, read our LawFlashes, USCIS Issues Interim Final Rule Restricting Definition of H-1B Specialty Occupation and US DOL Rule Changes How Prevailing Wages Are Determined for Immigration Purposes.