Prevailing Wage Rate Increases Postponed

The Biden administration will postpone raising prevailing wage rates for the H-1B, H-1B1, E-3 and the PERM programs. The new wage rates was to have taken effect on May 14, 2021. However, the new rates won’t become effective until November 14, 2022. In addtion the transition period for adjustments for the prevailing wage levels will also be delayed until January 1, 2023. 

The Department of Labor’s delay will give analysts more time to study all of the legal consequences of the new rule. The prevailing wage rule was issued by the previoius administration. 

This administration’s decision means that employers will continue to follow the current prevailing wage rate and rules until January 1, 2023. At that time, a gradual phase-in of a wage rate increase will occur every twelve months. The Department of Labor may make other changes to the regulations depending on a variety of factors, including additional findings reached after more research and analysis is conducted. 

Our immigration practice represents employers that are interested in hiring foreign national employees. We will work with you to file for labor certification approvals and the corresponding petitions. Contact us to obtain more information.