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

As per a Notice by the U.S. Department of Labour [DOL] – Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigrants and Non-Immigrants in the United States: Proposed Delay of Effective and Transition Dates – the effective date of the rule is to be delayed until November 14, 2022.

On March 12, 2021, the DOL published a final rule delaying the effective date of the rule. There will a corresponding proposed delay in the transition dates of the rule.

The effective date of the rule has been delayed for 18 months, that is, from the previous effective date of May 21, 2021, to the new proposed effective date of November 14, 2022.

With the delay announced in the effective date as well as the corresponding change in the transition period, there will be no change in H-1B wage levels for almost 2 years.

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RELATED

• H-1B selection process to be salary-based
• 2022 H-1B numerical allocation cap reached

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As per the official Notice, “This additional delay will provide a sufficient amount of time to thoroughly consider the legal and policy issues raised in the rule”.

A separate Request for Information has been issued along with the same, offering the public an opportunity for providing information on the methods and sources for determining the prevailing wage levels.

This will cover employment opportunities that U.S. employers seek to fill with foreign workers, on a temporary or permanent basis, through –

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

The proposed delay in the implementation of the new wage rule will also provide agency officials with a sufficient amount of time for – [1] computing and validating the prevailing wage data as per specific occupations and geographic areas, [2] completing and thoroughly testing system modifications, [3] training staff], and [4] conducting public outreach for ensuring “an effective and orderly implementation of any revisions to the prevailing wage levels”.

The DOL invites written comments on the proposed delayed effective date and transition dates. Written comments must be received by the DOL by April 21, 2021.

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