Court sets aside both the DOL and DHS H-1B regulations

Judge White, Northern District of California in a 23 long pages stuck down both the higher H1B wage level and the new specialty occupation rule.

Earlier October 8, 2020, Citing the on-going COVID-19 pandemic and the economic consequences of the pandemic, and in particular the rates of domestic unemployment, DOL and DHS issued the rules that impacts H1B program significantly. The H-1B nonimmigrant visa program to protect U.S. workers’ rule was also issued without notice and comment.

The DOL wage rule, went on with immediate effect, impacted large chuck of H1B amendments/extensions/transfers because of the higher wage.

The DHS rule, which sought to redefine the requirements for H1B positions, was scheduled to go into effect on December 7, 2020.

Today, Dec 1,2020, The court found that the agencies did not have good cause to bypass notice and comment rulemaking procedures in violation of the Administrative Procedures Act.

The judgement ruling is immediately effective.

wage

What this means!

  • DOL reverted with the old wages rule that should ease H1B extensions, transfers, amendment, etc.
    • DOL reverts H1B wage levels to pre Oct 7, 2020 levels.
    • Beginning at approximately 12:00PM (Noon) Eastern Time on December 4, 2020, DOL will update flcdatacenter.com to reflect the correct prevailing wage data for each SOC and area of intended employment through June 30, 2021.
    • New LCA starting Dec 9,2020 , PERM PWD starting Dec 15,2020 can be filed using old levels.
    • USCIS announced that the new H-1B rule will not be going into effect.
FlashByte!

Federal Court Rules Against Tech Union in Effort to End OPT

  • A federal district court judge has issued an order upholding the Department of Homeland Security’s post-graduate Optional Practical Training (OPT) programs.
  • The order rejects the latest effort by the Washington Alliance of Technology Workers to strike down OPT and STEM OPT.
  • Plaintiffs are expected to appeal the decision.
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