United States District Court - Us Department Of Labor: Fill & Download for Free

**UPDATE** The wage rule, proposed by the Department of Labor (DOL), was implemented in October, while the DHS rule for specialty occupation and limited validity of H-1B visas for third-party firms was to take effect Monday, Dec. 7, 2020.The wage rule prompted three lawsuits in California, New Jersey, and Washington D.C.Just days before significant restrictions on H-1B visas went into effect, U.S. District Judge Jeffery White declared that USCIS and DOL regulations failed to follow transparency procedures. The Interim Final Rule was not, in fact, emergency response to COVID-19 job losses because the Trump administration circulated the idea well before publishing the rule in October.Then US District Court Judge Chesler in New Jersey disputed the Trump administration’s contention that the economic facts and the cases it presented showed DOL was justified in publishing its H-1B wage rule without public comment and effective immediately, stating in an opinion issued on December 3, 2020.“Courts are hesitant to find that an emergency existed, or that a factual scenario posed a real risk of serious harm, and when they have, it has generally involved situations with imminent threats to national security, public safety, or the environment.”The judge pointed out Covid-19-related unemployment has been concentrated in service occupations, but not in the computer occupations that match up with H-1B professionals, citing research from the NFAP.—————-According to the DOL, a software developer’s job, which accounts for 40% of the H-1B jobs in the tech field, is no longer a specialty occupation. Under this new rule, the 40% loss of the workforce becomes a reality, which would devastate the tech industry.On Oct. 8, 2020, the Trump administration announced two new rules that stifle U.S. companies' ability to hire qualified H-1B visa holders. The Interim Final Rules were issued without any notice period or right to comment and lawsuits have already been filed.Trump Sends Tech Jobs Overseas Under New H-1B Rule - October 8, 2020The irony of the Interim Final Rule is that Trump, who promised to bring jobs back to America, has ensured many will leave with these sweeping rules.Revised Definition of Specialty Occupation & Limited H-1B ValidityThe DHS and DOL limited the validity of an H-1B visa to one year (instead of three) for any tech worker placed at a third-party worksite. These changes are set to take effect in 60 days.The U.S. Department of Homeland Security (DHS) and Department of Labor have also changed the definition of a specialty occupation and what qualifies as an employee-employer relationship.In the amended definition of specialty occupation, DHS first replaced the word ‘position’ with ‘occupation’ to ensure employees strictly conform to their occupational codes.Second, DHS has narrowed the definition of specialty occupation by removing the adjectives’ normally,’ ‘most,’ and ‘typically’ that were used to qualify a job as a specialty occupation. Thus, the narrowed definition includes only those jobs that require 100% of people to have a bachelor’s degree.In the past, courts ruled that for a job to qualify as a specialty occupation, 51% of those in the position must have a bachelor’s degree.According to the DOL, a software developer’s job, which accounts for 40% of the H-1B jobs in the tech field, is no longer a specialty occupation. Under this new rule, the 40% loss of the workforce becomes a reality, which would devastate the tech industry.The eliminating language of the new rule impacts a large portion of other H-1B jobs as well. For instance, a general engineering degree requirement for a position as a computer engineer would no longer satisfy the specific occupation requirement. The revised definition would require a specific type of engineer to have a specific degree and show how the job is related.What’s more, is the numerous jobs aren’t even included in the OOH, like software architect (one of the most sophisticated roles) or quality assurance tester (a typical role).The issue with the singular degree requirement is that often the coursework of a related degree provides the specialized knowledge needed to perform job duties. For instance, to fill a computer programmer position, an applicant does not necessarily require a computer science degree to carry out tasks. Instead, a person with a mathematics or information technology degree can adequately fulfill such job responsibilities.Redefining specialty occupation to include specialization beyond a degree will arbitrarily complicate the process and drain employer resources.Furthermore, the revised definition focuses too narrowly on the degree title without regard to the individual’s specialized body of knowledge, completely ignoring what U.S. employers seek in a competitive labor market.Increased Prevailing WageThe Department of Labor (DOL) raised the prevailing wage for both entry-level and higher-skilled H-1B applicants.The DOL rule Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States is a direct punch to U.S. companies’ bottom line.The rule implements the following prevailing wages.• OES Wage Level 1 – 45th Percentile• OES Wage Level 2 – 62nd Percentile• OES Wage Level 3 – 78th Percentile• OES Wage Level 4 – 95th PercentileThere is a marked increase in the prevailing entry-level wage as it jumped from a level 1 to almost level 3 in the previous wage determination.While this administration has refused to increase the minimum wage for Americans it has made a massive increase to the wages for foreign nationals on H-1B visas.Software Developer in Dallas Texas must now be paid:Level 1 Wage: $50.59 hour - $105,227 yearLevel 2 Wage: $61.16 hour - $127,213 yearLevel 3 Wage: $71.73 hour - $149,198 yearLevel 4 Wage: $82.30 hour - $171,184 yearCompare this with the prevailing wage for Oct. 7, 2020, for the same job in the same location:Level 1 Wage: $36.90 hour - $76,752 yearLevel 2 Wage: $44.98 hour - $93,558 yearLevel 3 Wage: $53.05 hour - $110,344 yearLevel 4 Wage: $61.13 hour - $127,150 yearThe purpose of increasing the prevailing wage is not to assist Americans in getting a job, but to frustrate H-1B visa holders and the American companies that need to hire them. This is evident as the prevailing wage is spiked so high that it makes it impossible, in many professions in most places, to obtain an entry-level job at these wages.ConclusionThe consequences of creating more restrictive rules on American companies trying to dig out of the pandemic creates a chilling effect for the American tech economy.International students will be disinclined to come and study in STEM fields.Billions of dollars will be lost from international students, followed by a deficit for higher education institutions.U.S. employers will opt to open offices overseas, causing Americans in managerial positions to lose their jobs as there is no one to oversee.Instead of fulfilling the promise to bring back manufacturing jobs, the Trump administration will have removed tech sector jobs that have been driving the American economy for the past decade.American companies will be forced to move more jobs offshore.Since the Revision of Specialty Occupation doesn’t go into effect for 60 days, the question remains whether this is just a political stunt to get American voters to vote for Trump ahead of the 2020 presidential elections.More importantly, will it hold up in court? This process has been an expedited version of the typical process that requires a notice and comment period similar to the now enjoined Trump proclamation that denied entry to H-1B visa holders and other types of valid work visas.Have you received an RFE or had your H-1B visa petition denied? Find out what options you have with OnlineVisas' FREE confidential case analysis.

**UPDATE** The wage rule, proposed by the Department of Labor (DOL), was implemented in October, while the DHS rule for specialty occupation and limited validity of H-1B visas for third-party firms was to take effect Monday, Dec. 7, 2020.The wage rule prompted three lawsuits in California, New Jersey, and Washington D.C.Just days before significant restrictions on H-1B visas went into effect, U.S. District Judge Jeffery White declared that USCIS and DOL regulations failed to follow transparency procedures. The Interim Final Rule was not, in fact, emergency response to COVID-19 job losses because the Trump administration circulated the idea well before publishing the rule in October.Then US District Court Judge Chesler in New Jersey disputed the Trump administration’s contention that the economic facts and the cases it presented showed DOL was justified in publishing its H-1B wage rule without public comment and effective immediately, stating in an opinion issued on December 3, 2020.“Courts are hesitant to find that an emergency existed, or that a factual scenario posed a real risk of serious harm, and when they have, it has generally involved situations with imminent threats to national security, public safety, or the environment.”The judge pointed out Covid-19-related unemployment has been concentrated in service occupations, but not in the computer occupations that match up with H-1B professionals, citing research from the NFAP.—————-On Oct. 8, 2020, the Trump administration announced two new rules that stifle U.S. companies' ability to hire qualified H-1B visa holders. The Interim Final Rules were issued without any notice period or right to comment and lawsuits have already been filed.Trump Sends Tech Jobs Overseas Under New H-1B Rule - October 8, 2020The irony of the Interim Final Rule is that Trump, who promised to bring jobs back to America, has ensured many will leave with these sweeping rules.Increased Prevailing WageThe Department of Labor (DOL) raised the prevailing wage for both entry-level and higher-skilled H-1B applicants.The DOL rule Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States is a direct punch to U.S. companies’ bottom line.The rule implements the following prevailing wages.• OES Wage Level 1 – 45th Percentile• OES Wage Level 2 – 62nd Percentile• OES Wage Level 3 – 78th Percentile• OES Wage Level 4 – 95th PercentileThere is a marked increase in the prevailing entry-level wage as it jumped from a level 1 to almost level 3 in the previous wage determination.While this administration has refused to increase the minimum wage for Americans it has made a massive increase to the wages for foreign nationals on H-1B visas.The purpose of increasing the prevailing wage is not to assist Americans in getting a job, but to frustrate H-1B visa holders and the American companies that need to hire them. This is evident as the prevailing wage is spiked so high that it makes it impossible, in many professions in most places, to obtain an entry-level job at these wages.Revised Definition of Specialty Occupation & Limited H-1B ValidityThe DHS and DOL limited the validity of an H-1B visa to one year (instead of three) for any tech worker placed at a third-party worksite. These changes are set to take effect in 60 days.The U.S. Department of Homeland Security (DHS) and Department of Labor have also changed the definition of a specialty occupation and what qualifies as an employee-employer relationship.In the amended definition of specialty occupation, DHS first replaced the word ‘position’ with ‘occupation’ to ensure employees strictly conform to their occupational codes.Second, DHS has narrowed the definition of specialty occupation by removing the adjectives’ normally,’ ‘most,’ and ‘typically’ that were used to qualify a job as a specialty occupation. Thus, the narrowed definition includes only those jobs that require 100% of people to have a bachelor’s degree.In the past, courts ruled that for a job to qualify as a specialty occupation, 51% of those in the position must have a bachelor’s degree.According to the DOL, a software developer’s job, which accounts for 40% of the H-1B jobs in the tech field, is no longer a specialty occupation. Under this new rule, the 40% loss of the workforce becomes a reality, which would devastate the tech industry.The eliminating language of the new rule impacts a large portion of other H-1B jobs as well. For instance, a general engineering degree requirement for a position as a computer engineer would no longer satisfy the specific occupation requirement. The revised definition would require a specific type of engineer to have a specific degree and show how the job is related.What’s more, is the numerous jobs aren’t even included in the OOH, like software architect (one of the most sophisticated roles) or quality assurance tester (a typical role).The issue with the singular degree requirement is that often the coursework of a related degree provides the specialized knowledge needed to perform job duties. For instance, to fill a computer programmer position, an applicant does not necessarily require a computer science degree to carry out tasks. Instead, a person with a mathematics or information technology degree can adequately fulfill such job responsibilities.Redefining specialty occupation to include specialization beyond a degree will arbitrarily complicate the process and drain employer resources.Furthermore, the revised definition focuses too narrowly on the degree title without regard to the individual’s specialized body of knowledge, completely ignoring what U.S. employers seek in a competitive labor market.ConclusionThe consequences of creating more restrictive rules on American companies trying to dig out of the pandemic creates a chilling effect for the American tech economy.International students will be disinclined to come and study in STEM fields.Billions of dollars will be lost from international students, followed by a deficit for higher education institutions.U.S. employers will opt to open offices overseas, causing Americans in managerial positions to lose their jobs as there is no one to oversee.Instead of fulfilling the promise to bring back manufacturing jobs, the Trump administration will have removed tech sector jobs that have been driving the American economy for the past decade.American companies will be forced to move more jobs offshore.Since the Revision of Specialty Occupation doesn’t go into effect for 60 days, the question remains whether this is just a political stunt to get American voters to vote for Trump ahead of the 2020 presidential elections.More importantly, will it hold up in court? This process has been an expedited version of the typical process that requires a notice and comment period similar to the now enjoined Trump proclamation that denied entry to H-1B visa holders and other types of valid work visas.Have you received an RFE or had your H-1B visa petition denied? Find out what options you have with OnlineVisas' FREE confidential case analysis.Authored by Jon Velie and first published at onlinevisas.com.

**UPDATE** The wage rule, proposed by the Department of Labor (DOL), was implemented in October, while the DHS rule for specialty occupation and limited validity of H-1B visas for third-party firms was to take effect Monday, Dec. 7, 2020.The wage rule prompted three lawsuits in California, New Jersey, and Washington D.C.Just days before significant restrictions on H-1B visas went into effect, U.S. District Judge Jeffery White declared that USCIS and DOL regulations failed to follow transparency procedures. The Interim Final Rule was not, in fact, emergency response to COVID-19 job losses because the Trump administration circulated the idea well before publishing the rule in October.Then US District Court Judge Chesler in New Jersey disputed the Trump administration’s contention that the economic facts and the cases it presented showed DOL was justified in publishing its H-1B wage rule without public comment and effective immediately, stating in an opinion issued on December 3, 2020.“Courts are hesitant to find that an emergency existed, or that a factual scenario posed a real risk of serious harm, and when they have, it has generally involved situations with imminent threats to national security, public safety, or the environment.”The judge pointed out Covid-19-related unemployment has been concentrated in service occupations, but not in the computer occupations that match up with H-1B professionals, citing research from the NFAP.—————-On Oct. 8, 2020, the Trump administration announced two new rules that stifle U.S. companies' ability to hire qualified H-1B visa holders. The Interim Final Rules were issued without any notice period or right to comment and lawsuits have already been filed.Trump Sends Tech Jobs Overseas Under New H-1B Rule - October 8, 2020The irony of the Interim Final Rule is that Trump, who promised to bring jobs back to America, has ensured many will leave with these sweeping rules.Increased Prevailing WageThe Department of Labor (DOL) raised the prevailing wage for both entry-level and higher-skilled H-1B applicants.The DOL rule Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States is a direct punch to U.S. companies’ bottom line.The rule implements the following prevailing wages.• OES Wage Level 1 – 45th Percentile• OES Wage Level 2 – 62nd Percentile• OES Wage Level 3 – 78th Percentile• OES Wage Level 4 – 95th PercentileThere is a marked increase in the prevailing entry-level wage as it jumped from a level 1 to almost level 3 in the previous wage determination.While this administration has refused to increase the minimum wage for Americans it has made a massive increase to the wages for foreign nationals on H-1B visas.Software Developer in Dallas Texas must now be paid:Level 1 Wage: $50.59 hour - $105,227 yearLevel 2 Wage: $61.16 hour - $127,213 yearLevel 3 Wage: $71.73 hour - $149,198 yearLevel 4 Wage: $82.30 hour - $171,184 yearCompare this with the prevailing wage for Oct. 7, 2020, for the same job in the same location:Level 1 Wage: $36.90 hour - $76,752 yearLevel 2 Wage: $44.98 hour - $93,558 yearLevel 3 Wage: $53.05 hour - $110,344 yearLevel 4 Wage: $61.13 hour - $127,150 yearThe purpose of increasing the prevailing wage is not to assist Americans in getting a job, but to frustrate H-1B visa holders and the American companies that need to hire them. This is evident as the prevailing wage is spiked so high that it makes it impossible, in many professions in most places, to obtain an entry-level job at these wages.Revised Definition of Specialty Occupation & Limited H-1B ValidityThe DHS and DOL limited the validity of an H-1B visa to one year (instead of three) for any tech worker placed at a third-party worksite. These changes are set to take effect in 60 days.The U.S. Department of Homeland Security (DHS) and Department of Labor have also changed the definition of a specialty occupation and what qualifies as an employee-employer relationship.In the amended definition of specialty occupation, DHS first replaced the word ‘position’ with ‘occupation’ to ensure employees strictly conform to their occupational codes.Second, DHS has narrowed the definition of specialty occupation by removing the adjectives’ normally,’ ‘most,’ and ‘typically’ that were used to qualify a job as a specialty occupation. Thus, the narrowed definition includes only those jobs that require 100% of people to have a bachelor’s degree.In the past, courts ruled that for a job to qualify as a specialty occupation, 51% of those in the position must have a bachelor’s degree.According to the DOL, a software developer’s job, which accounts for 40% of the H-1B jobs in the tech field, is no longer a specialty occupation. Under this new rule, the 40% loss of the workforce becomes a reality, which would devastate the tech industry.The eliminating language of the new rule impacts a large portion of other H-1B jobs as well. For instance, a general engineering degree requirement for a position as a computer engineer would no longer satisfy the specific occupation requirement. The revised definition would require a specific type of engineer to have a specific degree and show how the job is related.What’s more, is the numerous jobs aren’t even included in the OOH, like software architect (one of the most sophisticated roles) or quality assurance tester (a typical role).The issue with the singular degree requirement is that often the coursework of a related degree provides the specialized knowledge needed to perform job duties. For instance, to fill a computer programmer position, an applicant does not necessarily require a computer science degree to carry out tasks. Instead, a person with a mathematics or information technology degree can adequately fulfill such job responsibilities.Redefining specialty occupation to include specialization beyond a degree will arbitrarily complicate the process and drain employer resources.Furthermore, the revised definition focuses too narrowly on the degree title without regard to the individual’s specialized body of knowledge, completely ignoring what U.S. employers seek in a competitive labor market.ConclusionThe consequences of creating more restrictive rules on American companies trying to dig out of the pandemic creates a chilling effect for the American tech economy.International students will be disinclined to come and study in STEM fields.Billions of dollars will be lost from international students, followed by a deficit for higher education institutions.U.S. employers will opt to open offices overseas, causing Americans in managerial positions to lose their jobs as there is no one to oversee.Instead of fulfilling the promise to bring back manufacturing jobs, the Trump administration will have removed tech sector jobs that have been driving the American economy for the past decade.American companies will be forced to move more jobs offshore.Since the Revision of Specialty Occupation doesn’t go into effect for 60 days, the question remains whether this is just a political stunt to get American voters to vote for Trump ahead of the 2020 presidential elections.More importantly, will it hold up in court? This process has been an expedited version of the typical process that requires a notice and comment period similar to the now enjoined Trump proclamation that denied entry to H-1B visa holders and other types of valid work visas.Have you received an RFE or had your H-1B visa petition denied? Find out what options you have with OnlineVisas' FREE confidential case analysis.Authored by Jon Velie and first published at onlinevisas.com