Federal judge blocks DOL and DHS rules that targeted H-1B program

December 2, 2020

On December 1, a federal judge vacated the US Department of Labor (DOL) rule which had temporarily raised the required wage for almost all H-1B petitions. The DOL rule, which was published and went into effect on October 8, 2020, amended how prevailing wage rates are calculated for H-1B and Permanent Labor Certification (PERM) programs, resulting in higher prevailing wage levels for all occupations.

With this rule now set aside, the DOL will revert to the wage data that was used before it went into effect. We are currently waiting on the wage data to be updated before we move forward with processing immigration forms with DOL. If you are a Penn department representative with a case that has been on hold due to the DOL rule, the assigned adviser will reach out to you within the next few days to discuss the required wage for your case.  

In the same ruling from December 1, the judge also set aside a proposed Department of Homeland Security rule, which was set to go into effect on December 7 and would have limited the types of occupations that H-1B workers could qualify for and the amount of time they could remain in the U.S. 

These rulings are undoubtedly a positive development for Penn and will allow the University to continue processing H-1B petitions for our valued employees from all over the world.