Biden Administration Proposes 18-Month Delay in Calculating Prevailing Wages of H-1B and Other Visas

Working with a H1B visa lawyer in NYC is recommended to avoid any problems with your application. It also ensures that you are up-to-date with the latest policies and updates, which may affect your chances of being able to work temporarily in the US. One of the things you should know is the proposed 18-month delay in calculating the prevailing wages of the H1B visas and other relevant visas. This delay should provide enough time for the Department Labor to thoroughly go over the policy and legal issues of the rule.


The delay was proposed by the Biden Administration in the effective date of the final rule for calculating the prevailing wages of certain non-immigrant workers and immigrants, including those seeking the H-1B visas. It should also enable the Department of Labor to issue an upcoming Request for Information and acquire public comments on the methods and sources for determining prevailing requests. A NY H1B lawyer should be up-to-date on the official release and its details.


The proposed rule follows the initial 60-day delay, which was announced earlier in March 2021. The Department of Labor’s action was based on the White House memo dated January 20, 2021, according to the media release. A visa lawyer in New York should be able to provide you with more information on that, in case you missed it or you have some clarifications. The memo comes from the Assistant to the President and Chief of Staff and it’s called ‘Regulatory Freeze Pending Review.’ The final rule affects employers who want to employ foreign workers with immigrant visas like H-1B, E-3, and H-1B1.


Understanding the H-1B visa


If you ask a H1B visa lawyer in NYC, they will tell you that it is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations requiring technical or theoretical expertise. Many technology companies rely on it to hire employees from other countries, such as China and India.


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