Important Updates
Important Updates
March 5, 2026 | CanadaCanada: Immigration Concessions for Iranians
March 9, 2026 | 🌐Minimum Salary Changes Announced
March 9, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
March 6, 2026 | United KingdomGlobal Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse
March 6, 2026 | Saudi ArabiaGlobal Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope
March 5, 2026 | CanadaCanada: Immigration Concessions for Iranians
March 9, 2026 | 🌐Minimum Salary Changes Announced
March 9, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
March 6, 2026 | United KingdomGlobal Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse
March 6, 2026 | Saudi ArabiaGlobal Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope
March 5, 2026 | CanadaCanada: Immigration Concessions for Iranians
Subscribe
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 InsightsVietnamese ImmigrationView 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
  • Vietnamese Immigration
  • 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
  • Insights

Federal District Court Strikes Down DOL Wage Regulation, Orders Reissuance of Prevailing Wage Determinations

December 14, 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 found that DOL did not have good cause to issue its recent interim final wage regulation without advance notice to the public.
  • The court ordered DOL to reissue prevailing wage determinations made on or after October 8, 2020 under the interim final rule.
  • DOL is expected to reissue the wage regulation in the coming weeks.

The issue

A federal district court in the District of Columbia today set aside a fast-track Department of Labor regulation that significantly restructured the prevailing wage system for the H-1B, E-3 and H-1B1 nonimmigrant programs and PERM labor certification. The district court is the third to rule against the regulation in recent weeks.

The decision comes in a pair of consolidated lawsuits filed by universities and business groups challenging the Department of Labor’s October 8, 2020 release of an interim final regulation (IFR) that resulted in significantly higher government prevailing wage minimums for foreign professional workers.  As an IFR, the rule took effect before public comments were considered. DOL justified expedited review and implementation of the rules on the grounds that expedited implementation was necessary to support U.S. workers amid the economic impact of the COVID-19 emergency. The court rejected DOL’s rationale, finding that it did not have good cause to bypass public notice and comment, thus violating the Administrative Procedures Act. The cases are Purdue University v. Scalia and Stellar IT, Inc. v. Scalia.

Reissuance of DOL wage determinations

In addition to striking down the regulation, the district court ordered DOL to reissue any prevailing wage determination (PWD) issued after October 8, 2020 under the now-invalidated rule. The parties to the lawsuit are expected to propose a timeline for reissuance for the court’s approval in the coming weeks. Once that occurs, DOL is expected to issue a procedural update for affected employers.

What’s next for the prevailing wage regulation

Despite several legal setbacks, the Trump Administration is continuing to pursue the finalization of a set of regulations that would significantly affect the H-1B and other employment-based immigration programs, including a revised prevailing wage rule. The Administration plans to have these regulations in place before the Biden inauguration, though it is not yet clear whether it will be able to do so. The new administration could seek to postpone the implementation of any such last-minute regulations.

Fragomen is closely monitoring the Trump Administration’s regulatory activity and related litigation, and will provide updates as developments occur.

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

Blog post

Artificial Wage Inflation in Business Immigration: Policy Misalignment and Employer Impact

Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.

Learn more

Media mentions

Global Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse

Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope

Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.

Learn more

Awards

Partner Sarah K. Peterson Recognized as a 2026 Women in Business Honoree by the Minneapolis/St. Paul Business Journal

Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.

Learn more

Media mentions

The HR Room Podcast: How to Navigate Irish Immigration Law

Immigration Manager Alice Heron explains how HR teams can navigate Irish immigration law and manage international talent effectively.

Learn more

Media mentions

Housing Today: Right to Work Scheme Expansion: What Housebuilders Need to Know

Associate Ilaria Iovieno and Immigration Consultant Devina Sanghera outline what the proposed expansion of the UK Right to Work Scheme means for housebuilders.

Learn more

Awards

Partner Cynthia Shearn Recognized in Crain’s 2026 Notable Women in Law List

Partner Cynthia Shearn is recognized by Crain’s Chicago Business in its 2026 Notable Women in Law list, honoring her leadership in immigration and global mobility and her impact within the legal community.

Learn more

Media mentions

Bloomberg Law: Businesses Prep H-1B Backups as Revamped Visa Lottery Opens

Partner Emily Allen says the new H-1B lottery is driving earlier planning and more detailed preparation.

Learn more

Blog post

Bringing the Indonesian Diaspora Home: Insights on the New Global Citizenship Program

Senior Business Immigration Consultant Ryaihanny Sahrom and Business Immigration Consultant II Fahimah Muhammad examine Indonesia’s newly launched Global Citizenship of Indonesia (GCI) program and its introduction of long-term and indefinite permanent residence pathways for members of the Indonesian diaspora.

Learn more

Media mentions

Times Higher Education: Chaos’ Expected as New Visa Compliance Rules Now Due in June

Senior Immigration Manager Jonathan Hill notes that tighter UK visa compliance rules and new rating measures create additional challenges for universities.

Learn more

Video

Brazil: Early Career Visa

Partner Diana Quintas outlines key early career visa pathways and practical considerations for employers and graduates navigating entry-level immigration options.

Learn more

Fragomen news

Canadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in MontrƩal

The Montreal office has added Partner Julie Lessard and Counsel Elsa Agostinho and Sophia Khanzadian to strengthen its immigration services.

Learn more

Blog post

Artificial Wage Inflation in Business Immigration: Policy Misalignment and Employer Impact

Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.

Learn more

Media mentions

Global Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse

Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope

Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.

Learn more

Awards

Partner Sarah K. Peterson Recognized as a 2026 Women in Business Honoree by the Minneapolis/St. Paul Business Journal

Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.

Learn more

Media mentions

The HR Room Podcast: How to Navigate Irish Immigration Law

Immigration Manager Alice Heron explains how HR teams can navigate Irish immigration law and manage international talent effectively.

Learn more

Media mentions

Housing Today: Right to Work Scheme Expansion: What Housebuilders Need to Know

Associate Ilaria Iovieno and Immigration Consultant Devina Sanghera outline what the proposed expansion of the UK Right to Work Scheme means for housebuilders.

Learn more

Awards

Partner Cynthia Shearn Recognized in Crain’s 2026 Notable Women in Law List

Partner Cynthia Shearn is recognized by Crain’s Chicago Business in its 2026 Notable Women in Law list, honoring her leadership in immigration and global mobility and her impact within the legal community.

Learn more

Media mentions

Bloomberg Law: Businesses Prep H-1B Backups as Revamped Visa Lottery Opens

Partner Emily Allen says the new H-1B lottery is driving earlier planning and more detailed preparation.

Learn more

Blog post

Bringing the Indonesian Diaspora Home: Insights on the New Global Citizenship Program

Senior Business Immigration Consultant Ryaihanny Sahrom and Business Immigration Consultant II Fahimah Muhammad examine Indonesia’s newly launched Global Citizenship of Indonesia (GCI) program and its introduction of long-term and indefinite permanent residence pathways for members of the Indonesian diaspora.

Learn more

Media mentions

Times Higher Education: Chaos’ Expected as New Visa Compliance Rules Now Due in June

Senior Immigration Manager Jonathan Hill notes that tighter UK visa compliance rules and new rating measures create additional challenges for universities.

Learn more

Video

Brazil: Early Career Visa

Partner Diana Quintas outlines key early career visa pathways and practical considerations for employers and graduates navigating entry-level immigration options.

Learn more

Fragomen news

Canadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in MontrƩal

The Montreal office has added Partner Julie Lessard and Counsel Elsa Agostinho and Sophia Khanzadian to strengthen its immigration services.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

Ā© 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.