District Court Stops DHS and DOL H-1B Visa Wage Rules
Gabriela Ungo • December 4, 2020
On December 1, 2020, in Chamber of Commerce, et al., v. DHS, et al., 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" finding that the DHS and DOL H-1B wage rules violated the Administrative Procedures Act (APA).
In response to the court’s order setting aside the IFR, the DOL’s Office of Foreign Labor Certification (OFLC) announced on December 3, 2020 that they would comply with the order and update the FLAG system to incorporate the pre October 8, 2020 wage data.
On October 19, 2020, the U.S. Chamber of Commerce, along with the National Association of Manufacturers, the Presidents’ Alliance on Higher Education and Immigration, and other organizations and universities filed a complaint in the U.S. District Court for the Northern District of California against the DHS and DOL H-1B wage rules.
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