Department of Labor

Immigrant Workers Who Report Labor Violations Will Be Protected Under This New Policy

Immigrant workers who are the victims of labor exploitation are often faced with a difficult choice: report the coercive conduct, or remain silent out of fear of retaliation and immigration consequences. Under a new Department of Homeland Security policy, noncitizen workers have been given a shield: a promise by ICE that any worker who comes forward to report labor abuses will be protected from deportation.

Under the new policy, announced on January 13, noncitizen workers who are either the victim of, or a witness to, any violation of labor rights can receive “deferred action,” temporary permission to remain in the United States legally. Deferred action also comes along with eligibility to apply for work authorization, which can ease a noncitizen’s transition to a new employment relationship.

This new process expands on other worker-friendly policies adopted by the Biden administration. In October 2021, Department of Homeland Security Secretary Mayorkas issued a memorandum ordering DHS to halt large worksite raids and instead to focus its efforts on targeting unscrupulous employers.

Taken together, these policies represent some of the strongest efforts by any presidential administration to protect vulnerable immigrants from labor exploitation.

Read more about the new policy at Immigration Impact.

DOL Announces Additional Delay in Effective Date of Regulation Affecting Wages for H-1B and PERM Workers (Mar. 22, 2021)

The Department of Labor (DOL) issued a Federal Register notice proposing to further delay the effective date of the Final RuleStrengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, for a period of eighteen months or until November 14, 2022. The DOL has also proposed corresponding delays to the rule’s transition dates. The DOL invites public comment on the proposed delay on or before April 21, 2021.

Under the law, an employer must pay an H-1B visa holder the higher of the prevailing wage or actual wage paid to similar U.S. workers, and in the permanent residence context, the employer generally must pay at least the DOL-determined prevailing wage. DOL currently determines the prevailing wage by using data from the government’s Occupational Employment Statistics (OES) wage survey and using a mathematical formula to create four levels of wages for each occupation. The regulation about would change how DOL's National Prevailing Wage Center (NPWC) applies its four wage-level system to generate prevailing wage determinations when Occupational Employment Statistics (OES) data is used as the wage data source. The result of the proposed changes would be significantly higher NPWC prevailing wage determinations impacting both the temporary (e.g., H-1B) and permanent (PERM) programs.