The US District Court (NDC) is setting the DHS / DOL H-1B Provisional Rules
December 03, 2020
Moody’s Tax Law LLP
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To facilitate many seeking temporary employment in the US, US employers, vital critical infrastructure industries, immigration attorneys, and immigration attorneys, the US District Court for the Northern District of California on December 1, 2020 repealed the following interim rules:
In the district court’s decision, the court found that the provisional provisions “were promulgated in violation of 5 USC Section 553 (b)” and that DHS and DOL “failed to demonstrate that there was a good reason on the rational and thoughtful Discourse waiver is provided by the APA’s notification and comment requirements. “The case has been filed by the US Chamber of Commerce, the National Association of Manufacturers, and other trade groups and universities and is likely to face a swift government appeal pertaining to the Implementation of the decision could have an impact.
The preliminary DHS rule, endorsed by the Trump administration and published in the Federal Register on October 8, 2020, has significantly revised the regulatory definition standards for “specialty occupations”, severely restricting the beneficiaries and H-1B positions offered and H-1B -Visa program, including disqualification of general disciplines (business, engineering) and positions that require training in any of several disciplines.
In turn, the DOL interim rule, which has caused the most trouble among immigration attorneys, immigration attorneys, and industry leaders, has dramatically restructured the current wage system, including significant changes to H-1B, E-3, H-1B1 and PERM programs with entry-level wages that increase from the 17th to the 45th percentile of wages for occupation and geographic location.
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