Breaking news! DHS and DOL rules altering the H-1B wage and process have been completely suspended
Yesterday, the U.S. District Court for the Northern District of California suspended the following two H-1B rules promulgated by the Trump administration on October 6, 2020, on the grounds that the release procedure was illegal:
1) DOL: Regarding the provision and explanation of Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States. This regulation has greatly increased the prevailing wage corresponding to each position in petitions such as H-1B, H-1B1, EB-2/EB-3 green card, etc.
2) DHS: Regarding the provision and explanation of “Strengthening the H-1B Nonimmigrant Visa Classification Program”. This regulation requires that the applicant’s major has to be applied in a directly related specific specialty to which the applicant will perform in a job position.
Please click on the “Case Analysis! How will the new H-1B rules affect me?” to learn more about our analysis of these two new rules.
Original court judgment: https://www.courtlistener.com/recap/gov.uscourts.cand.367484/gov.uscourts.cand.367484.73.0.pdf
Although the DOL’s wage website still shows the implemented high wage standard from the new regulations, however, the suspension of the above two new regulations means that the petitions such as H-1B and green card may continue to be evaluated and assessed according to the original wage level standard. We will continue to pay close attention to the changes and update the information accordingly.
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Attorney Hui Zeng is a senior partner of Zeng Law Group, PLLC in New York. Attorney Zeng was named as the annual Rising Star for three consecutive years in 2017, 2018, and 2019 by Super Lawyers magazine of Reuters. Only about 2.5% of practicing lawyers in the U.S received this honor. Attorney Zeng was also selected as 2018 Leading Women Lawyers in NYC by Crain's New York magazine.
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