• 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

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

Video

Brazil’s Private Investor Visa: What You Need to Know

Partner Diana Quintas outlines key requirements and considerations for Brazil’s Private Investor Visa, including investment thresholds, documentation and the application process.

Learn more

Blog post

Global Talent Visa Expansion: What the Expanded UKRI Endorsed Funder List Means for the Creative Sector

In this blog, Senior Manager Sean Rhodes and Associate Miłosz Skorupski break down what has changed, who may benefit and what organizations should consider next following the UK government’s expansion of the Global Talent visa’s endorsed funder pathway.

Learn more

Media mentions

AIP: Trump Administration Proposes New Six-Figure H-1B Fee

Partner Bo Cooper discusses the potential impact of the proposed $103,265 fee for cap-subject H-1B petitions on US employers and international talent in AIP.

Learn more
Generic Insights

Blog post

Luxury Retail’s Evolving Talent Needs: When Business-Critical Skills Don’t Fit Traditional Immigration Categories

In our latest blog, Canada Managing Partner Cosmina Morariu explores how aligning mobility with talent planning can help brands deploy critical expertise where it is needed.

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

Video

Brazil’s Private Investor Visa: What You Need to Know

Partner Diana Quintas outlines key requirements and considerations for Brazil’s Private Investor Visa, including investment thresholds, documentation and the application process.

Learn more

Blog post

Global Talent Visa Expansion: What the Expanded UKRI Endorsed Funder List Means for the Creative Sector

In this blog, Senior Manager Sean Rhodes and Associate Miłosz Skorupski break down what has changed, who may benefit and what organizations should consider next following the UK government’s expansion of the Global Talent visa’s endorsed funder pathway.

Learn more

Media mentions

AIP: Trump Administration Proposes New Six-Figure H-1B Fee

Partner Bo Cooper discusses the potential impact of the proposed $103,265 fee for cap-subject H-1B petitions on US employers and international talent in AIP.

Learn more
Generic Insights

Blog post

Luxury Retail’s Evolving Talent Needs: When Business-Critical Skills Don’t Fit Traditional Immigration Categories

In our latest blog, Canada Managing Partner Cosmina Morariu explores how aligning mobility with talent planning can help brands deploy critical expertise where it is needed.

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 3, 2026 | NepalNepal: Electronic Travel Authorization System Fully Implemented
September 3, 2026 | United StatesForbes: DHS Adds Immigration Rule Stopping H-1B Spouses From Working To Agenda
September 3, 2026 | India, CanadaIndia/Canada: Updates to Suspension of Services for Canadian Nationals
September 3, 2026 | MexicoMexico: Processing Delays Impacting Immigration Timelines
September 3, 2026 | 🌐Minimum Salary Changes Announced
September 3, 2026 | NepalNepal: Electronic Travel Authorization System Fully Implemented
September 3, 2026 | United StatesForbes: DHS Adds Immigration Rule Stopping H-1B Spouses From Working To Agenda
September 3, 2026 | India, CanadaIndia/Canada: Updates to Suspension of Services for Canadian Nationals
September 3, 2026 | MexicoMexico: Processing Delays Impacting Immigration Timelines
September 3, 2026 | 🌐Minimum Salary Changes Announced
September 3, 2026 | NepalNepal: Electronic Travel Authorization System Fully Implemented
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.