The Department of Homeland Security has just taken a useful move to deport or deny…
BREAKING
DOL And DHS Interim Final Rules Halted By Court Order
As noted on Mondaq.com, written by Cheryl J. Gardner , Jason Burritt and Michelle Gergerian of Seyfarth Shaw LLP
and on this direct link: https://www.mondaq.com/unitedstates/employee-rights-labour-relations/1012618/court-order-halts-dol-and-dhs-interim-final-rules
On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”).
The DOL rule, which took effect on October 8, 2020, significantly increased prevailing wage levels for H-1B, H-1B1 and E-3 programs and the permanent labor certification (PERM) program.
The DHS rule was scheduled to take effect on December 7, 2020 and would have placed further restrictions on the H-1B program, including in particular narrowing the definition of “specialty occupation.”
The Court Order, effective immediately, found that the agencies did not show good cause in bypassing the notice and comment period, required by the Administrative Procedures Act.
For more information, again here’s the direct link: https://www.mondaq.com/unitedstates/employee-rights-labour-relations/1012618/court-order-halts-dol-and-dhs-interim-final-rules