TheUS Department of Labor (DOL) has delayed the new rule which would change themethod for calculating prevailing wages for 18 months.
InOctober2020, the DOL announced an Interim Rule which changed the computation ofwage levels and dramatically increased prevailing wages. The October 2020 Interim Rule was later struckdown by the courts, but was later re-issued as a Final Rule in January2021.
OnJanuary 14, 2021 the DOL published its FinalRule regarding increases in prevailing wages for H-1B, H-1B1, E-3, andGreen Card cases. You can find our blog post summarizing the Final Rule here.
TheFinal Rule was initially set to take effect May 14, 2021 and wages issued afterJuly 1, 2021 would be impacted. However, the DOL has postponedthe effective date of the Final Rule by 18 months until November 14, 2022. TheDOL delayed the start of the transition period to the new prevailing wagelevels from July 1, 2021 to January 1, 2023.
TheDOL is implementing this delay to allow for more time to fully analyze thelegal and policy issues raised by the rule, as well as to validate theprevailing wage data. This official delay is expected to be effective on March22, 2021.