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Immigration Law

DOL ETA OFLC Restores Wage Rule

DOL, Dec. 13, 2021

"The Employment and Training Administration’s (ETA) Office of Foreign Labor Certification (OFLC) has issued a final rule informing the public that OFLC is amending the Code of Federal Regulations (CFR), at 20 CFR 655.731 and 656.40, to remove text added through an Interim Final Rule (IFR), Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigrants and Non-Immigrants in the United States, 85 FR 63872 (Oct. 8, 2020). OFLC published the IFR with an immediate effective date, bypassing notice and comment, but requested public input during a post-promulgation 30-day public comment period. Four groups of plaintiffs separately challenged the IFR, and it was subsequently set aside or enjoined by three district courts on procedural grounds. On January 14, 2021, after consideration of public comments, OFLC published a Final Rule (FR) adopting a revised version of the IFR. 86 FR 3608. On June 23, 2021, before the FR took effect, a federal district court entered an order vacating and remanding the FR. In response to the order, the Department published this final rule to restore the regulatory text to appear as it did before the IFR’s effective date. View the Final Rule "