Department of Labor Interim Final Rule Strengthening Wage Protections for Immigrant and Nonimmigrant Workers

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States

Operative dateOctober 8, 2020

CategoryLegal entry and stay

Policy toolPrevailing wage requirements / labor market testing

Affected groupHigh-skilled workers / employment-based migrants

Policy effect

Restructured and significantly increased prevailing wage percentiles across all four wage tiers for permanent labor certifications (PERM) and Labor Condition Applications (LCAs) supporting H-1B, H-1B1, and E-3 nonimmigrants.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak.” Accordingly, this IFR revises the computation of wage levels under the Department's four-tiered wage structure based on the OES wage survey administered by the BLS to ensure that wages paid to immigrant and nonimmigrant workers are commensurate with the wages of U.S. workers with comparable levels of education, experience, and levels of supervision in the occupation and area of employment. 2. Objectives of and Legal Basis for the IFR The Department is amending its regulations at Sections 656.40 and 655.731 … to reflect the methodology the Department will use to determine prevailing wages based on the BLS's OES survey for job opportunities in the H-1B and PERM programs. The revised methodology will establish the prevailing wage for Levels I through IV, respectively, at approximately the 45th percentile, the 62nd percentile, the 78th percentile, and the 95th percentile. The INA assigns responsibilities to the Secretary relating to the entry and employment of certain categories of employment-based immigrants and nonimmigrants. This rule relates to the labor certifications that the Secretary issues for …

Employment and Training Administration, Department of Labor85 FR 63872Open official source

Retrieved from https://www.federalregister.gov/documents/2020/10/08/2020-22132/strengthening-wage-protections-for-the-temporary-and-permanent-employment-of-certain-aliens-in-the

Review method

Two separate automated exact-claim source reviews

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Department of Labor Interim Final Rule Strengthening Wage Protections for Immigrant and Nonimmigrant Workers

Policy effect

Official source excerpt

Review method

Other United States changes operative in 2020