Court’s H-1B Ruling Gives Employers Relief From Wage Uncertainty

Employers of H-1B visa workers are breathing a sigh of relief after a California federal judge set aside a recent U.S. Labor Department rule mandating wage increases for those employees, even though many companies hadn’t implemented the two-month-old measure.

U.S. District Judge Jeffrey S. White ruled that the departments of Labor and Homeland Security—which released a companion rule intended to narrow which jobs qualified for the visas—weren’t able to prove that the Covid-19 pandemic and its effect on the economy justified the need to make those visa program changes without first giving the public notice and an opportunity to comment. ...