District Court Sets Aside DOL And DHS Rules That Increased Prevailing Wages And Tightened H-1B Visa Program

The U.S. District Court for the Norther District of California has set aside the two interim final rules, one published by the Department of Homeland Security (DHS) and another by the Department of Labor (DOL), that provided for significant changes to the H-1B Visa program. While the DOL Rule that amended the regulations governing the prevailing wages had gone into effect on October 8, 2020, the DHS Rule that proposed key changes to the H-1B program including revising the definition of and standards for a “specialty occupation”, was to become effective on December 7, 2020.

DOL and DHS have not responded to the court ruling yet. We continue to monitor the situation closely and will provide further updates as the situation develops.

If you have any questions regarding the H-1B visa program, or need help filing for an H-1B or Green Card, contact VisaPro Law Firm today. Our experienced immigration attorneys will be happy to assist you.

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