District Court Set Aside DHS & DOL H-1B Wage Rules

On December 1, 2020, in Chamber of Commerce, et al., v. DHS, et al., finding that the DHS and DOL H-1B wage rules were “promulgated in violation of 5 U.S.C section 553(b),” the U.S. District Court for the Northern District of California set aside the DHS interim final rule, Strengthening the H-1B Nonimmigrant Visa Classification Program, and the DOL interim final rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States. USCIS announced that it will “fully comply with the court’s decision.” AILA is monitoring the situation and will provide additional information as it becomes available. On December 2, 2020, AILA’s DOL Liaison Committee reached out to DOL OFLC regarding the decision’s impact. Read this practice alert for more information.