DOL Interim Final Rule (IFR) Changes Computation of Prevailing Wage Effective 10/08/2020
Department of Labor (DOL) published a new regulation lifting wages for H-1B, E-3, and H-1B1 nonimmigrant cases and the PERM labor certification program.
Effective Date: 10/08/2020*
*LCAs that are filed on or after 10/08/2020 and PERM prevailing wage determinations issued on or after 10/08/2020 will be subject to the new wage structure.
To reaffirm, if you are already in H-1B, E-3, or H-1B1 status, have an LCA (H-1B, E-3, or H-1B1) filed or approved, or have a PERM labor certification filed or approved, the new prevailing wage does not affect you.
In order to illustrate the change, we provide a chart mapping the wage percentiles and another comparing the wages, before and after the regulation.
Under the new regulations, entry-level wages for H-1B and PERM cases will be at the 45 percentile, which nearly matches the former Level 3 Wage.
The regulation is expected to be challenged in court, and we expect to see further developments.
*Source: 85 FR 63872
Copyright. Judy J. Chang, Esq. All Rights Reserved. 10/28/2020
The information contained in article is provided for general information only and should not serve as a substitute for legal advice.
