Department of Labor issues a revised rule to increase H-1B, E-3 and H-1B1 wage minimums

Friday, Jan 22, 2021
by Tayla Burns, Deputy Director

To our international students and scholars:

On January 14, 2020, the Department of Labor (DOL) published a revised prevailing wage rule that incrementally lifts wage minimums for H-1B, E-3, and H-1B1 non-immigrant cases and the PERM labor certification program. The new rule comes after three federal district courts set aside a fast-tracked version late last year. The revised rule includes a multiple-year transition period to increase wage minimums in phases, and makes certain accommodations for H-1B workers who are pursuing employment-based permanent residence. Initial wage increases are set to begin on July 1, 2021.

Please note that the Biden Administration has requested that all federal agencies, including the DOL, pause the regulatory process on any Trump-era rule that has either not yet taken effect or not yet been finalized for 60 days, to allow time for further review. This revised rule could also be challenged again in federal court.

The Davis International Center and our campus partners continue to monitor the progress of how this ruling affects our international community and individual cases. Please continue monitoring our website for additional updates on this topic. If you have any questions regarding this announcement as it pertains to your immigration status please contact your Davis International Center Advisor directly.

Source: Fragomen, January 12, 2021