The U.S. to delay implementation of new H-1B wage levels until 2022

As per a Discover by the U.S. Division of Labour [DOL] – Strengthening Wage Protections for the Short-term and Everlasting Employment of Sure Immigrants and Non-Immigrants in the USA: Proposed Delay of Efficient and Transition Dates – the efficient date of the rule is to be delayed till November 14, 2022.

On March 12, 2021, the DOL printed a remaining rule delaying the efficient date of the rule. There’ll a corresponding proposed delay within the transition dates of the rule.

The efficient date of the rule has been delayed for 18 months, that’s, from the earlier efficient date of Could 21, 2021, to the brand new proposed efficient date of November 14, 2022.

With the delay introduced within the efficient date in addition to the corresponding change within the transition interval, there will probably be no change in H-1B wage ranges for nearly 2 years.

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As per the official Discover, “This extra delay will present a adequate period of time to totally take into account the authorized and coverage points raised within the rule”.

A separate Request for Data has been issued together with the identical, providing the general public a chance for offering info on the strategies and sources for figuring out the prevailing wage ranges.

This can cowl employment alternatives that U.S. employers search to fill with international employees, on a brief or everlasting foundation, by –

• Employment-based immigrant visas, or
• H-1B, H-1B1 or E-3 nonimmigrant visas.

The proposed delay within the implementation of the brand new wage rule may even present company officers with a adequate period of time for – [1] computing and validating the prevailing wage information as per particular occupations and geographic areas, [2] finishing and totally testing system modifications, [3] coaching workers], and [4] conducting public outreach for making certain “an efficient and orderly implementation of any revisions to the prevailing wage ranges”.

The DOL invitations written feedback on the proposed delayed efficient date and transition dates. Written feedback have to be obtained by the DOL by April 21, 2021.

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