What’s Happening

On the evening of December 1st, 2020, a United States District Court Judge issued a decision repealing two Interim Final Rules (IFRs) published by the Department of Homeland Security (DHS) and the Department of Labor (DOL) on October 8th, 2020, which created additional hurdles for U.S. companies seeking to employ workers H-1B, E-3, and H-1B1 visas. The DOL rule took effect immediately on October 8th, 2020 and the DHS rule had a 60-day delayed effective date and was scheduled to go into effect next week. The Court order states that both regulations are repealed effective immediately, however, the DOL has not yet issued any guidance as to how individuals seeking to submit Labor Condition Applications (LCAs) and Prevailing Wage Determinations (PWDs) under the old wage levels should proceed.