UNITED STATES REVISES REGULATIONS FOR H1-B AND E-3

Latest Administration Interim Final Rules announced on October 6, 2020:

1) significantly increase the minimum prevailing wages that H-1B workers must be paid; 

2) narrow immigrant candidates who may qualify for an H-1B speciality occupation Visa;

3) scrutinize the placement of H-1B workers at third-party worksites through a new shorter one-year H-1B visa period.

 

Who will be impacted: 

New H-1B applications and extension applications will be affected, as will other specialty occupations such as H-1B1 Singaporean/Chilean and E-3 Australian visas. 

 

These new DOL prevailing wages will apply to Labor Condition Applications (LCAs), associated with H-1Bs, filed after October 8th, 2020, and Prevailing Wage Requests for both H-1B and PERM processes filed on or pending after October 13th, 2020

 

Who will NOT be impacted:

  • Pre-existing H-1B visa approvals should not be impacted unless an amendment must be filed to update the government on a material change, such as a change in worksite location.
  • ETA 9035 LCAs filed and ETA 9141 Prevailing Wage Requests filed and approved before the effective dates above will be subject to the old prevailing wages.
  • Foreign nationals currently in the green card process who have a certified PERM or have already received the prevailing wage determination.
  • Foreign nationals who are applying for an immigrant visa which does not require a Labor Certification, such as EB-1s, EB-2 National Interest Waivers, etc.
  • Foreign nationals applying for/already holding non-immigrant visas that do not require a Labor Condition Application (L-1A, L-1B, TN, etc.)