• Insights

Federal District Court Sets Aside New DHS and DOL Rules

December 1, 2020

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • A federal district court in California has set aside the fast-tracked Departments of Labor and Homeland Security rules that significantly increased prevailing wage levels and tightened H-1B eligibility criteria.
  • The court found that the agencies did not have good cause to bypass notice and comment rulemaking procedures in violation of the Administrative Procedures Act.
  • The summary judgement ruling is immediately effective, though a speedy government appeal could affect the decision’s implementation.

The issue

A federal district court in California has set aside two new immigration regulations that were promulgated on a fast track by the Departments of Labor (DOL) and Homeland Security (DHS) in early October. Ruling on summary judgment, the court found that the agencies did not have good cause to bypass notice and comment rulemaking procedures in violation of the Administrative Procedures Act. 

This ruling immediately invalidates the rules; however, the government is expected to appeal the decision in an expedited manner. 

The case is U.S. Chamber of Commerce et al. v. DHS (20-cv-07331).

Background on the challenged rules

The court’s decision comes in response to a lawsuit filed by the U.S. Chamber of Commerce, the National Association of Manufacturers and other trade groups and universities challenging the government’s October 8, 2020 release of DOL and DHS companion rules targeting employment-based immigration, and particularly the H-1B program. The rules were issued as interim final regulations, meaning they could take effect before public comments are considered. The agencies justified expedited review and implementation of the rules on the grounds that a fast track was necessary to support U.S. workers amid the economic impact of the COVID-19 pandemic. The DOL rule took effect immediately on October 8 and the DHS rule was slated to take effect 60 days after publication, on December 7. 

The DOL rule restructured the prevailing wage system for H-1B, E-3, and H-1B1 nonimmigrant cases and the PERM labor certification program, resulting in significantly higher government prevailing wage minimums for foreign professional workers. The companion DHS rule, which was set to take effect on December 7, introduced stricter eligibility criteria for H-1B specialty occupations, placed new restrictions on the placement of H-1B workers at third-party worksites, and reinstated evidentiary policies that had been rescinded earlier this year, among other changes. 

What’s next

The court’s ruling is immediately effective, though a speedy government appeal could affect implementation of the decision.  It is also unknown what approach DOL may take to the prevailing wage determinations that have been issued since October 8 under the new rule.

Regardless of the outcome of an appeal, agencies could take administrative steps to reissue the regulations in the remaining weeks of the Trump Administration. 

Fragomen is monitoring the ongoing litigation and any agency announcements regarding the court order and will post updates accordingly. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform

Fragomen and SICPA expand their digital identity platform through a strategic collaboration with IDEMIA Public Security.

Learn more
Generic Insights

Blog post

Document Legalization Is Becoming a Global Mobility Compliance Issue: Five Trends Employers Should Watch

In this blog, UAE Consular and Document Services Manager Minu Joseph examines five global legalization trends through a Middle East lens—and outlines how employers can prepare earlier to keep assignments on track.

Learn more
Generic Insights

Blog post

Doing Business in Qatar: Growth and Workforce Mobility

In this blog, Corporate Services Manager Julia Ignatenko explores why businesses should coordinate company formation, regulatory compliance, leadership presence and workforce mobility from the outset.

Learn more

Awards

Fragomen Wins Immigration Provider of the Year: 2026 FEM APAC EMMAs

Fragomen won Immigration Provider of the Year at the 2026 FEM APAC EMMAs, and our Worldwide Immigration Trends Report 2026 received a Highly Commended recognition in the Thought Leadership category.

Learn more

Media mentions

Forbes: DHS Adds Immigration Rule Stopping H-1B Spouses From Working To Agenda

Partner Kevin Miner discusses DHS’ proposed rule to end employment authorization for certain H-4 spouses of H-1B professionals.

Learn more

Media mentions

Newsweek: Green Card Update: Major Change Announced for Sponsors

Counsel Brian Hunt discussed USCIS’ new ability to obtain credit information from green card sponsors and the potential implications for future regulatory actions.

Learn more

Awards

Partner Julie Lessard and Counsel Elsa Agostinho Recognized in the 2027 Edition of The Best Lawyers in Canada™

Partner Julie Lessard and Counsel Elsa Agostinho are recognized in the 2027 edition of The Best Lawyers in Canada™ for Immigration Law.

Learn more

Media mentions

Dubai Eye 103.8: Partner Ali Haider Joins The Agenda to Discuss Immigration Trends

Partner Ali Haider discusses immigration trends, visa appointments and the UAE’s continued efforts to attract global talent and investment.

Learn more

Blog post

Expanded Right-To-Work Scheme 2026: What UK Airlines and Aviation Contractors Need to Know

In their latest blog, Manager Adam Hickling and Immigration Consultant Daisy Dale examine the proposed changes, airline-specific risk scenarios and the practical steps organisations should consider before October.

Learn more

Fragomen news

Fragomen and SICPA’s Digital Identity Joint Venture Expands Ecosystem Through Strategic Collaboration with IDEMIA Public Security

Fragomen and SICPA’s digital identity joint venture expands its capabilities through a strategic collaboration with IDEMIA Public Security.

Learn more

Fragomen news

2026 年8月米国移民法ダイジェスト Learn more
Generic Insights

Blog post

APAC Immigration Landscape: Governments Are Using Immigration Policy to Advance National Priorities

In a new blog accompanying our Regional Immigration Overviews, Partner Kenneth Lau explores the key trends shaping the APAC immigration landscape and what they could mean for employers planning their global workforce strategies.

Learn more

Media mentions

Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform

Fragomen and SICPA expand their digital identity platform through a strategic collaboration with IDEMIA Public Security.

Learn more
Generic Insights

Blog post

Document Legalization Is Becoming a Global Mobility Compliance Issue: Five Trends Employers Should Watch

In this blog, UAE Consular and Document Services Manager Minu Joseph examines five global legalization trends through a Middle East lens—and outlines how employers can prepare earlier to keep assignments on track.

Learn more
Generic Insights

Blog post

Doing Business in Qatar: Growth and Workforce Mobility

In this blog, Corporate Services Manager Julia Ignatenko explores why businesses should coordinate company formation, regulatory compliance, leadership presence and workforce mobility from the outset.

Learn more

Awards

Fragomen Wins Immigration Provider of the Year: 2026 FEM APAC EMMAs

Fragomen won Immigration Provider of the Year at the 2026 FEM APAC EMMAs, and our Worldwide Immigration Trends Report 2026 received a Highly Commended recognition in the Thought Leadership category.

Learn more

Media mentions

Forbes: DHS Adds Immigration Rule Stopping H-1B Spouses From Working To Agenda

Partner Kevin Miner discusses DHS’ proposed rule to end employment authorization for certain H-4 spouses of H-1B professionals.

Learn more

Media mentions

Newsweek: Green Card Update: Major Change Announced for Sponsors

Counsel Brian Hunt discussed USCIS’ new ability to obtain credit information from green card sponsors and the potential implications for future regulatory actions.

Learn more

Awards

Partner Julie Lessard and Counsel Elsa Agostinho Recognized in the 2027 Edition of The Best Lawyers in Canada™

Partner Julie Lessard and Counsel Elsa Agostinho are recognized in the 2027 edition of The Best Lawyers in Canada™ for Immigration Law.

Learn more

Media mentions

Dubai Eye 103.8: Partner Ali Haider Joins The Agenda to Discuss Immigration Trends

Partner Ali Haider discusses immigration trends, visa appointments and the UAE’s continued efforts to attract global talent and investment.

Learn more

Blog post

Expanded Right-To-Work Scheme 2026: What UK Airlines and Aviation Contractors Need to Know

In their latest blog, Manager Adam Hickling and Immigration Consultant Daisy Dale examine the proposed changes, airline-specific risk scenarios and the practical steps organisations should consider before October.

Learn more

Fragomen news

Fragomen and SICPA’s Digital Identity Joint Venture Expands Ecosystem Through Strategic Collaboration with IDEMIA Public Security

Fragomen and SICPA’s digital identity joint venture expands its capabilities through a strategic collaboration with IDEMIA Public Security.

Learn more

Fragomen news

2026 年8月米国移民法ダイジェスト Learn more
Generic Insights

Blog post

APAC Immigration Landscape: Governments Are Using Immigration Policy to Advance National Priorities

In a new blog accompanying our Regional Immigration Overviews, Partner Kenneth Lau explores the key trends shaping the APAC immigration landscape and what they could mean for employers planning their global workforce strategies.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
September 4, 2026 | United StatesUnited States: August 2026 DOL PERM and PWD Processing Times
September 4, 2026 | 🌐Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform
September 4, 2026 | DenmarkDenmark: New Immigration Pathway for Certified Employers Hiring Foreign Nationals from Select Countries
September 4, 2026 | 🌐Fragomen Wins Immigration Provider of the Year: 2026 FEM APAC EMMAs
September 4, 2026 | 🌐Minimum Salary Changes Announced
September 4, 2026 | United StatesUnited States: August 2026 DOL PERM and PWD Processing Times
September 4, 2026 | 🌐Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform
September 4, 2026 | DenmarkDenmark: New Immigration Pathway for Certified Employers Hiring Foreign Nationals from Select Countries
September 4, 2026 | 🌐Fragomen Wins Immigration Provider of the Year: 2026 FEM APAC EMMAs
September 4, 2026 | 🌐Minimum Salary Changes Announced
September 4, 2026 | United StatesUnited States: August 2026 DOL PERM and PWD Processing Times
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.