October 3, 2022

Volume XII, Number 276


October 03, 2022

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New DOL H-1B Rule

The U.S. Department of Labor (DOL) published an Interim Final Rule (IFR) that will become effective immediately. The new rule will apply to Permanent Employment Certification, H-1B, H-1B1, and E-3 Visa programs. DOL explains that the rule is necessary to curb actual and potential abuses of the visa programs and cites the COVID-19 public health emergency as a rationale for implementing this rule without public comment first. There is a 30-day window to comment post publication.

DOL has amended the existing wage methodology and has increased the wage levels for beneficiaries at all Occupational Employment Statistics (OES) levels – Levels 1 through 4. The current wage percentiles are set as follows:

OES Wage Level 1 – 17th Percentile

OES Wage Level 2 – 34th Percentile

OES Wage Level 3 – 50th Percentile

OES Wage Level 4 – 67th Percentile

The new percentiles are as follows:

OES Wage Level 1 – 45th Percentile

OES Wage Level 2 – 62nd Percentile

OES Wage Level 3 – 78th Percentile

OES Wage Level 4 – 95th Percentile

This may have a dramatic impact on wage determinations.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume X, Number 281

About this Author

Laura Foote Reiff, Greeberg Traurig Law Firm, Washington DC, Northern Virginia, Labor and Employment, Immigration Law Attorney

Laura Foote Reiff Co-Chairs the Business Immigration & Compliance Practice and is the Co-Managing Shareholder of the Northern Virginia Office. She also Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. Laura focuses her practice on business immigration laws and regulations affecting U.S. and foreign companies, as well as related employment compliance and legislative issues.

Laura advises corporations on a variety of compliance-related issues, particularly related to...