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The U.S. Department of Homeland Security (DHS) and Department of Labor (DOL) have posted prepublication versions of two rules that will amend H-1B eligibility criteria and wage requirements for the H-1B, H-1B1 and E-3 categories and permanent labor certifications (PERM). The agencies will publish them in the Federal Register on Thursday, Oct. 8.
Key Points:
BAL Analysis: The DOL rule will take effect immediately upon publication on Thursday, while the DHS rule will take effect 60 days after publication, i.e., Dec. 7. Members of the public may comment on the rules. Litigation is expected, but it is too early to predict the likelihood of success. Since President Donald Trump signed the “Buy American and Hire American” Executive Order in 2017, the administration has indicated plans to impose stricter eligibility and wage requirements in high-skilled immigration categories. BAL is continuing to assess the impact of these regulations and will provide additional analysis in the coming days.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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