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Biden admin moves to delay Trump immigration changes

Written by Emaun KashfiJanuary 25, 2021

After President Joe Biden’s inauguration, his administration quickly took actions that may delay some of his predecessor’s recent immigration changes from taking effect. This includes two January rule changes affecting wage costs and the relationship between H1B workers and secondary employers.

The administration issued a memorandum saying all agencies must consider a 60-day delay on all policies in the Federal Register that have yet to be implemented.

It also withdrew all policies that were submitted to the Federal Register but not yet published. The administration will review these policies for later approval.

This withdrawal includes a January 15, 2021 rule change under Donald Trump’s administration that required secondary employers to file Labor Condition Applications for H1B workers.

The change would have given end clients more responsibility when using the services of an H1B worker employed by another company.

As a result of this memorandum, the Department of Labor could issue a 60-day delay for the Department of Labor’s Interim Final Rule, which changes the prevailing wages for employees on H1B, H1B1, E3 nonimmigrant visas.

The rule would increase the wage costs for tech companies hiring nonimmigrant workers, possibly affecting the number of opportunities available for those workers.

The rule would not go into effect until March 21, 2020 if the Department of Labor implements the 60-day delay.

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