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AILA Doc. No. 20100701 | Dated October 26, 2020
AILA is seeking plaintiffs in an action challenging the new interim final rule on prevailing wages for H-1B, H-1B1, E-3 and PERM filings. This form seeks to identify employers, employees, and membership organizations that may be interested in serving as named plaintiffs in litigation to be filed on a very expedited basis.
In October 2020, DHS issued the Strengthening the H-1B Nonimmigrant Visa Classification Program Interim Final Rule revising the definition of "Specialty Occupation" and DOL issued the Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States Interim Final Rule, amending the regulations governing permanent labor certifications and Labor Condition Applications to incorporate changes to the computation of prevailing wage levels. Together, these rules upend decades of requirements for the H-1B program.
The DHS IFR was published in the Federal Register on October 8, 2020. The IFR is effective December 7, 2020. Comments on the IFR are due December 7, 2020, with comments on associated form revisions due November 9, 2020.
The DOL IFR was also published in the Federal Register on October 8, 2020. The IFR is effective October 8, 2020, with comments due November 9, 2020.
Find out more about these policies:
DOL OFLC Announcement: U.S. Department of Labor Updates Regulations for Wages Paid to Certain Immigrant and Nonimmigrant Foreign Workers and Better Protect the Wages and Job Opportunities of United States Workers - October 6, 2020. Per DOL OFLC:
Cite as AILA Doc. No. 20100701.
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