WHAT’S HAPPENING

The Department of Homeland Security (DHS) and Department of Labor (DOL) are in the process of introducing new regulations that would significantly impact the rules governing the H-1B visa as well as wages used in connection with the PERM labor certification process.

Both rules are expected to be published as Interim Final Rules (IFRs) in the Federal Register on Thursday, October 8th. Because they are being published as IFRs the agencies are able to forgo the normal notice and comment period. The DHS Rule will take effect 60 days after publication. The DOL Rule will take effect immediately upon publication and will not have a delayed effective date.