As many of you know, the H1B Prevailing Wage levels were dramatically increased for H1B workers in recent wage protections regulation that was published in federal register. There was a lawsuit filed today on the new regulation. In this article we will discuss the background on why and details of the lawsuit that we have as of now. Also, we have update the court judgement on the same.
Court Judgment – Injunction Granted to Stop Implementing the Wage Levels Rule
On December 3rd, 2020, there was a judgment given by the court that DOL lost the case and request granted by IT Serve to stop implementing the rule was granted. See below Court order Screenshot. Based on this Court Order, US Dept of Labor issued Official Announcement stating that they are cancelling the implementation of the H1B Wage Levels Change Rule. For complete information, read DOL Update – Cancel the H1B, PERM Wage Levels Change Rule.
Earlier few days ago, a California Court also issued order cancelling the entire Wage Levels Change Rule. It was filed by US Chamber of Commerce. For more info read – Court Cancels H1B Wage Levels, 1 Year H1B Approvals rules.
If you are not familiar with the H1B and PERM wage level changes, read all the details and impact at article : New H1B, PERM prevailing wage levels, huge impact
Background – Why Lawsuit Filed
H1B employers are supposed to pay as per the prevailing wage levels for H1B workers similar to US workers in an area. The wages paid to H1B workers are submitted as part of H1B Labor Condition Application (LCA). Recently, as per the new regulation, the H1B prevailing wage rates went up by close to 40% across the board. The prevailing wage level changes went up like in below table.
|Prevailing Wage Level||H1B LCA, PERM Wage levels Before||New H1B LCA, PERM Wage levels with Regulation|
|Wage Level I||17th percentile||45th percentile|
|Wage Level II||34th percentile||62nd percentile|
|Wage Level III||50th percentile||78th percentile|
|Wage Level IV||67th percentile||95th percentile|
This wage level changes has a significant impact for many of the H1B employers, it can impact up to 400K H1B employees based on as per FY2019 stats published on H1BGrader. See below screenshot.
This wage level changes has significant impact on the IT outsourcing companies. ITServe Alliance Inc, that represents majority of the IT Services, Staffing and Consulting Companies has filed lawsuit in New Jersey Court today Oct 16, 2020 challenging the wage level changes. Earlier this year, they won against USCIS on the H1B Employer Employee Relationship, Itinerary Case that ended up in settlement with USCIS scraping some of the decade old policies. Also, there are few other associations planning to file lawsuits on these changes.
Now that you have some background on why, let’s dive into the details.
H1B, PERM Wage Levels Lawsuit Details – Who, Where, What
Below are the details of the Lawsuit filed in the H1B Wage Levels Change Case
- Case Name, Title : It is tracked under case name “ITSERVE ALLIANCE, INC. et al v. SCALIA et al” with case number “CASE #: 3:20-cv-14604”.
- Case Location : The lawsuit is filed in US District Court in the District of New Jersey.
- Lawsuit Represented by : The case is represented by Wasden Banias Law firm, who have a reputation for winning high profile cases.
- Case Filed by : The lawsuit is filed by ITServe Alliance and all the below companies. You can click on them to view the H1B LCAs filed by them to get an idea.
Below are the high level court case details as they appear on Court Cases Website for your reference.
Impact of the New Wage Levels on ITServe’s Companies
The lawsuit goes into detail on the impact to ITServe’s members. They say that many of the IT Services contracts with clients or customers are multi-year and the pricing used for that is based on the wage assumptions of current H1B workers. If DOL randomly does wage level changes, without giving proper notice and option to hear from us, it will impact our businesses. We will be forced to do layoffs, move jobs to outside of US and it will have negative impact on the economy. Below are the list of companies and the impact due to wage level changes.
- Precision Technologies Corp wage rates for computer related occupations will increase up to 50%
- Iflowsoft Solutions Inc wage rates for computer related occupations will increase up to 24.5%
- Smart Work LLC wage rates for computer related occupations will increase up to 49% or more
- Nam Info Inc. wage rates for computer related occupations will increase up to 50% or more
- Kolla Soft Inc wage rates for computer related occupations will increase up to 26% or more
- Dots Technologies Inc Soft Inc wage rates for computer related occupations will increase up to 30 to 40%
- Zenith Services Inc wage rates for computer related occupations will increase up to 27% or more.
- They give general reference to the Software Developer Entry Level H1B Wage raised from 79K to 116K in Newark. Check Comparison of H1B Wage Levels in Newark for Software Developers. See below screenshot from H1BGrader website that compares both.
- You can also browse H1B Prevailing Wages in Newark for all Occupations
Check below screenshot from the court case document that talks about the harm to ITServe members.
You may watch the below YouTube Video as well on this topic.
Key Argument Points raised in the Lawsuit
The plaintiffs(ITServe & Others) broadly put in their arguments under the below three areas (called as counts in legal term). Below are the details and key points from those three areas.
Count 1 – Violation of Notice and Comment Process for Rulemaking
US Dept of Labor(DOL) did not give enough notice for plaintiffs and changed the H1B, PERM Wage Levels dramatically.
- DOL did not follow the proper rule making process without giving chance for public to give feedback, supporting data in comments. It hurts ITServe’s members a lot.
- DOL does not give proper justification for invoking the fast track process without following the proper regulatory process. DOL did not follow all the required 9 Steps for Federal Rulemaking.
- All the information presented in the rule justifying the need for urgency are factually wrong. DOL used outdated and incorrect data for computing the new wage levels. They do not consider many relevant reports and studies and put up the new wage rules that are against basic economic theory.
Count 2 – DOL Action against H1B Statute of Degree requirement
DOL based their new wage levels against the H1B requirements set in statute by congress
- DOL says that the new Level 1 Prevailing Wage levels are upward from Masters degree and used Master’s degree as benchmark for entry level positions for H1B.
- As per statute, in the definition of H1B specialty occupation, there is only requirement for bachelor’s degree as minimum qualifying for entry into a H1B position.
- DOL setting the wage levels to 45th percentile for Level 1 Wages is based on wrong assumption and inconsistent with the statute set by congress.
Count 3 – DOL Action is Random and not based on Logic
DOL action is totally random and not based on sound logic or justification. In legal terms, they call DOL action as “arbitrary and capricious”.
- DOL reasoning to change wage levels saying that H1B workers are paid lower than US workers is not supported by any data or reports
- DOL did not consider any verified/reputed reports or studies based on real data and falsely assumes that H1B workers are paid less than US workers, employing H1B workers affects wages of US workers.
- DOL did not consider any studies that show H1B workers employment creates jobs, wage growth, and investment in R&D.
- DOL did not consider any reports that say lack of H1B workers has harmful effect on economy and can lead to job los, off-shoring of jobs, decline of investments in US.
- Though DOL says that the reason for skipping regulatory process is unemployment in US due to COVID-19, the unemployment rate in computer and technology professions is relatively low.
You can check the copy of the case document at the end of article.
Decision requested to Court in Lawsuit
ITServe is asking the court for giving preliminary injunction and also permanently stop DOL from implementing the New Wage Levels Rule. The reason they say is many things done by DOL in the interim final rule of H1B Wage Levels in unlawful, not meeting the statute requirements, and it was done randomly without proper reasoning and not considering real reports on H1B Data.
The argument points raised in the lawsuit are really strong and DOL may have a hard time justifying the reason for implementing the rule without proper comment. The harm to many business is also something court would weigh in heavily for making the decision. As per Wasden & Banias law firm, “the regulation that was published in federal register without proper rulemaking process has many procedural defects and confident that they would get injunction for the same”. They are also planning for a lawsuit to challenge the New H1B Rule with Definition change, 1 year approvals, others.
What do you think of the lawsuit ? Do you think Court will give injunction order to halt this rule ? Share your thoughts in comments.
My H1B is expiring in May 2021. Should I start conversation with my company’s attorney for my H1B extension or wait for a month or two for extension ? I have I-140 approved and my H1B extension will be based on I-140 (second time).
My sincere advice please start the Extention filing process.
The wage levels rule is not applicable anymore. you can start the discussion now. It is 6 months before expiration, so it is a good time to start the conversation
Great News ! We won against DOL pwd rule!
ITSERVE ALLIANCE, INC. et al v. SCALIA et al
Thursday, December 03, 2020
27 2 pgs ORDER that Plaintiffs’7 Amended Motion for a Preliminary Injunction is GRANTED, etc. Signed by Judge Stanley R. Chesler on 12/3/2020. (ams, )
26 28 pgs OPINION. Signed by Judge Stanley R. Chesler on 12/3/2020. (ams, )
For those waiting on DOL to revert flc wage data,
December 3, 2020. OFLC Announces Updates to Implementation of the Wage Protections Interim Final Rule; Compliance with District Court Orders
Thank you for sharing the update on this.
Around 8:30AM Eastern Time on December 4, 2020, the FLAG system will be back online; however, employers and their authorized attorneys or agents will temporarily not be able to submit applications for processing where OES survey data is the prevailing wage source.
Beginning around 8:30AM Eastern Time on December 9, 2020, employers and their authorized attorneys or agents will be able to submit new LCAs, Form ETA-9035/9035E, using the OES survey data that was in effect on October 7, 2020.
Regarding the above statement, employers won’t be able to file LCA before DEC 9?
Visa is expiring on 12/14. How to handle this situation?
Old wages are back on flcdatacenter. We can use this from Dec 9th, 8:30 am onwards!
This article says – “We have received reports that since this court decision, the DOL has issued prevailing wage determinations using the July 1 wages. ”
The FLC data center still shows the raised wages and has not updated the old wages. Any idea when it will be updated?
As per this link, it will updated on Dec 4 th 12 pm est.
Hey, I still don’t see the updated data on flcdatacenter. Does anyone know when will it be updated?
As per my attorney it will updated by end of the week. Wait for another 2 days.
Thank you for keeping the community updated and suggestions.
Finally we have some good news. When can we file the extensions.
Once again thank you,
My employer is saying that its not nation wide yet. This case has been won only in District of California. I don’t think extensions can be filed yet.
Weong understanding, it has been confirmed that it is nation wide.
Your employer is wrong. Ruling is given by federal court judge. Its nation wide. Very strange a employer is unable to understand the judgement and giving wrong conclusions to employees. Educate your employer
DOL will wait for another two hearing results to come out ? Or it can rollback anytime ?
Thanks for the Great News !! Would you please let me know if we can proceed for extensions immediately or Do we have to wait to proceed for extensions for certain period of time ?
Please let me know
we need to wait for the guidance from DOL and DHS on the next steps.
Thanks Kumar for sharing the valuable Information.
When & How we will come to know guild lines of DOL & DHS for next steps ?
Did the court also block h1 b lottery based on wage levels
Try to join this FB Live and get clarify your questions.
Starting @7CST today.
Here is the updated url
Is this applicable for H1B CAP exempt as well ?
As per today’s update a) Will LCA wage be changed to earlier values? B) Is the second rule of issuing only one year extension for consulting companies on hold now? In other words, can we apply for 3 years?
Yes, technically. But, we need to wait for DHS and DOL to give us more information.
Got a tweet that DOL and DHS rule got struck down in SF court. See tweet from @ckuck on this. He is pretty reliable.
See details here
Great news for all the H1Bs waiting to file for extension. I am so relieved.
Hey that’s great news. Do you know if it will be implemented immediately or we would need to wait for the process?
Super news!!!!!!! Need to celebrate this moment. Thank you very much for patiently responding to all our questions and valuable suggestions. God bless you.
If i read it right, yes that is really great news. Thanks for sharing Sandeep.
Everyone, If you want to know more on the news, you can read the latest article we published.
On December 1, 2020, in Chamber of Commerce, et al., v. DHS, et al., finding that the DHS and DOL H-1B wage rules were “promulgated in violation of 5 U.S.C section 553(b),” the U.S. District Court for the Northern District of California set aside the DHS interim final rule, Strengthening the H-1B Nonimmigrant Visa Classification Program, and the DOL interim final rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.
So now the FLC data center is going to change again? We sent a wage determination to DOL 3 months ago (before OCT 8) so now does this mean my wage determination based on this final rule or since it’s been stopped now, it’d be like before OCT 8
It could change. This will depend on the decision taken by DOL and their guidance.
Which are the private wage surveys we can use? Thanks.
Thank you for your kind reply. Could you please tell us what are the private wage survey we can use.
Do we have any idea when can we expect decision? I am eagerly waiting for the decision.
Can alternate surveys be used for perm labour applications?
We all continue to wait on the decision. Check https://h1bgrader.com/h1b-prevailing-wage/non-oes-search
Thank you so much Kumar,
I have completed 6 years on H1-B, and now on I-140 since 2 years. I am waiting for the decision or my employer to raise my pay scale.
If both didn’t happen, can I go back to India and wait for the decision and apply for the extension without going thru lottery again?
Much appreciate your reply.
If you had I-140 approved for more than 180 days, you are free to leave the country and keep coming back to US, until your priority date becomes current.
You can search for Non-OES Prevailing Wages for H1B LCAs by job title, city or company
Any idea when will be the judgement will come ?
Hopefully soon, in the next few weeks. No one will know the exact date.
@Kumar, thank you for the response, my visa is expiring in Dec and i am really worried
It is not in your control, stay positive. Not much you can do…
Kumar my visa is ending dec 31 too.Is there a way we can stay in US after changing our status and wait for the injunction or the rule thrown away by president and then apply for lca and h1b extension?
You could use private wage surveys and then filed for extension. Talk to your employer on this.
I am in the same boat. My visa ends with on 31 Dec. is there any way we can stay legally until the injunction.
As I said, you can ask your employer to try with the private wage surveys. There is no shortcut, you may apply for B2 COS, but that will take a long time and then switching to H1B is going to take time…
Is this something good or bad for H1-B holders?
What i read from Forbes is arguments raised by plaintiffs attorney Kevin hughes are Strong . DOL and DHS attorneys had hard time in countering with satisfactory arguments. Let hope for the best. Any body heard about the IT Serve alliance hearing today ?
The above line was updated at 7 pm EST. At the bottom of the page, it says, Terminate Motions. Does that mean the court dismissed the case? Looks like a positive sign. Experts who understand legal jargon please weigh in.
This is what I could get from google regarding terminate motion.
“A motion to terminate asks an immigration court to “terminate” (i.e., dismiss) the charging document (known as the “Notice to Appear” or “NTA”) because the government’s charges are substantively or procedurally defective.”
Hope it’s positive news.
Context is everything…Here we are missing context. Also, I read the court hearing document, it says “DECISION RESERVED.” Meaning, there will be delay to review and get the decision as the judge wants to review.
The context is missing around it…what that is applicable to…It is used in Immigration context, for instance, if someone was issue a Notice to Appear and they get motion to terminate, then they do not have to appear…In this case, there is no clear context, so hard to say. The document in that says the decision for argument is reserved. It means the decision will come later and they need time.
Anything new on this? I am eagerly waiting for the decision.
Do alternate surveys hold good for perm labour applications as well?
Yes, it can hold good and they are used by employers depending on the position.
Thank you Kumar. Your help to the immigration community is much appreciated.
Cheers ! Glad it helps community 🙂
Kumar, in case H1B visa expires and someon changes to b1 or go to India until the decision is made on this rule. What is the rule says, does that person needs to seek new H1B (meaning April through lottery) or current H1B can be used? Should a person leave to India 3 or 4 weeks before the h1b expires so that he she can use same h1b and does not need to go through lottery fiasco.
The rule is only wage and it is only tied to the LCA. If you have not used up all 6 years of your H1B, you do not need to go through lottery again.
HI Kumar, Thanks for clarification. My case is more than 6 years on H1B +I140 approved. If this new rule is not cancelled and I am not able to file extension before I797 expires would I need to go through fresh April visa process? If yes, is there a way to avoid it, like going to India and not use all H1B time period, come back when there is a favorable decision and then apply for extension? Is it a possibility?
No need. If you have I-140 approved, you can continue to file extensions or transfer later until the priority dates become current.
There was update on the lawsuit and the wage levels rule was cancelled. check the blog home page for info.
You do not have to go to India as you have 140 approved. As long as you apply for extension before your i-94 expires you don’t have to travel out side US. Tell your employer to use private wage survey to file H1 extension and you dont have to wait till DOL lawsuit judgement comes as that will kill the time. I see many LCA’s last month got approved based on private wage survey. However employees working at client location they you have a new thing to worry from Dec 08 onwards as their approval will be limited to 1 year.
Is there any preliminary injunction / stay order on it?
If nothing concluded then when is the next hearing(s)?
Yesterdays court arguments can be read at
Todays is IT Serve alliance hearing in NJ court.
What is mean by taken under submission? What would be the next step?
Any news on judgement yet? I am waiting for the judgement to file extension.
in the same boat. did we hear anything on wage lawsuit ?
When is your I 94 expiring ? If you have 2 to 3 months of time at least then you can wait for judgement. Your employer/attorney need to look for other options like wage surveys. The reason i’m saying is there is no guarantee of when and how the judgement comes.
What is I-94 need to d with extension? are we allowed to apply day before I-94 expires?
My guess is injunction will come . As I see below
We’re talking about hundreds of thousands of existing employment relationships. If the government is going to be justified in severing those, it’s the sort of thing that the public interest requires at least giving those individuals and their employers some degree of notice so they can make the transition rather than doing it by complete. ambush and overnight,” Hughes said. “That’s not what good cause justifies or allows.”
How likely DOL is to accept private wage survey? I heard that it is not very likely.
Did you hear this from your employer attorney that private wage survey is not accepted ? Not many people are used to file LCA’s using surveys for last 20 years. 95% of LCA’s are filed using OLE data so far. If you get more genuine details about survey wages please add here that will help people for sure.
This is not true. There were about 7% H1B LCAs that were approved that did not use OES wage surveys. We are working on an article on this.
When is your extension ?
Current Visa ends in Dec.
@CVR, is there any conclusion of IT Serve Alliance Court Hearing? Is there any stay order or preliminary court injunction?
From both cases Judge will be giving judgement soon. Anything can come out any time. I believe hearings are over. Judge also have to show the reason why they have given so and so descision based on what facts presented in court. Even I’m eagerly waiting for the judgement day.
Many are waiting for the decision…In the mean time, you can check Non-OES wage surveys that can be used for H1B LCAs
The link is of localhost and won’t work
This Link is not working; could please correct this, as we really want to understand this survey logic.
Sorry. Here is the Non-OES Wage Survey Link
There is no survey logic, it is basically what the companies submitted. Read more on How to Search, Filter and more info on H1BGrader Blog
The link Localhost not working. Could you please share proper link.
Check more at :https://h1bgrader.com/blog/non-oes-prevailing-wage-surveys-for-h1b-lca/
RESULTS: Hearing held.
Motions are taken under submission.
A written ruling shall issue.
Means decision will be released through written statement ?
This is what I find in google:
When the court rules on a motion or makes an order or renders a judgment in a matter it has taken under submission, the clerk must immediately notify the parties of the ruling, order, or judgment. The notification, which must specifically identify the matter ruled on, may be given by serving electronically or mailing the parties a copy of the ruling, order, or judgment, and it constitutes service of notice only if the clerk is required to give notice under Code of Civil Procedure section 664.5.
any ETA when we can get decision on it ?
It seems , this is different case not related to wage rule.
And today nothing happened in regards of this case or may be just short hearing.
I think, this is big change which won’t happen in air without stable government involvement , please do not hope anything before Feb-2020.
I was also blindly following this forum , there is no other place or any blog where any attorney has updated anything regarding today hearing.
No this is related to wage rule. There are 4 different cases filed against this rule and this is ine of them.
you are right, the case hearing was held today and injunction is pending. I got a confirmation from my lawyer. I see many are anxious, hope this provides some calm.
Yes hearing was held today via zoom. Arguments were countered before judge. Now its up to judge to decide. Not sure when he will give his opinion
Thank you so much for the clarification. Praying God for the positive quick decision.
I think we have good News . I have seen in one of the websites as below. Please confirm if this is correct.
This URL you gave is the request submitted to court – not the order – if you see in the website, it was information of 10/30.
Per the latest update, Looks like hearing is done and waiting for the decision – can see only this information as of now – not sure about the meaning of it or next steps – someone pls throw some light here.
Motions are taken under submission
A written ruling shall issue”
I dont know the outcome. Not sureif it will take more time. But some hearing happened before judge today. What is read is Minute Entry for proceedings held before Judge Jeffrey S. White: Motion Hearing re: 31 Motion for Preliminary Injunction and 54 Motion for Partial Summary Judgment held on 11/23/2020.
You can google Chamber of Commerce of the United State of America et al v. United States Department of Homeland Security et
Can some one please clarify what is the meaning of it? I see the update in the case as
Motions are taken under submission
A written ruling shall issue”
This was update few mins back but Page is not opening now
can you provide link
Plz paste link here..
Did u get any update
Usually after the hearing is done, the judge will take time to come up with a decision. They will review the briefs submitted and issue the ruling.
This is the latest : https://www.courtlistener.com/recap/gov.uscourts.cand.367484/gov.uscourts.cand.367484.72.0.pdf
I think we have good News . I have seen in one of the websites as below. Please confirm if this is correct.
The matter comes before the Court on the unopposed administrative motion of
leading business organizations and companies for leave to file an amicus brief in
support of Plaintiffs’ Motion for Preliminary Injunction to Stay Agency Action or for
Partial Summary Judgment (Dkt. 31). Having considered the unopposed
administrative motion, it is ORDERED that the administrative motion is GRANTED.
IT IS SO ORDERED.
Hon. Jeffrey S. White
United States District Judge
Is this court order ?
The decision is not out yet.
What you see is the template that the attorneys provide for courts to use. It is not the Court Order. The final judgment has to be signed by Judge.
What is the maximum time judge will take to come up with the results? is there any deadline ? I have only two months left for my extension.
it can be anytime in the next few weeks…there is no set timeline though. It all boils down to the harm and time pressure that is indicated in the lawsuit.
My wage is now around 89k , With new wage rule my wage should be 100k . If my company increase my wage just above 100k , is that possible to get extension approved?
yes, that is one option for sure. It is only for the LCA approval with DOL. Your extension application depends on other factors too.
You are all set with your wages . Is you employer willing to raise 11K in one go ? If you work at a client location then please note that Dec 08 rule will be a big impact unless judge blocks it. If you work for a american company as directly employee and your BS degree is in same stream as your SOC code then should not be problem.
Any update on the hearing, please share.
Any update on today’s lawsuite hearing
Any update on today hearing?
Eagerly waiting to hear some positive news on this matter.
I wish this rule remains even though I’m on H1B.. extortion by Indian companies should stop with immediate step..
you should go to other forums and complaint, people are nervous here trying to hear some positive news
Hello, can someone please provide an update on today’s hearing and what it means?
any latest update on this after 11/23 hearing.
I think todays hearing is in California court, it should be on PST time zone we have wait for a while… If someone can share the link to check the hearing status would be great…
Any update? Please share.
Any update on todays hearing.
Keeping the order intact will be positive news for everyone..
Is there any chance that we get a decision tomorrow on prevailing wage increase from court ?
No way. Bad news is I see stellar IT and Purdue lawsuit judge has given time for DOL to submit their arguments by 01/04/21. Hopes are with US commerce lawsuit on Nov 23 is hearing. IT serve hearing on 24. Again delays are very common in court cases. No guarantees on judgements. Not trying to scare but There is no surprise if this goes until January too. Let’s hope for the best next week
I do not see the NEWS as you said that purdue lawsuit is postponed to 01/04/21.
Can you please share if you have any URLs
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/5/2020. Answer due for ALL FEDERAL DEFENDANTS by 1/4/2021. By this i’m assuming we may not hear anything at least untill January for purdue/stellar IT lawsuit.
hard to say…let’s see.
any latest news on this Please.
Will, my H1B transfer gets denied if it’s filed with Wage Level 1?
If your previously approved petition is using level 1 then you can apply in level 1 safely. If this is first time you are applying H1 from OPT still there should not be a problem in applying level 1. But things become tricky when your previously approved LCA is not level 1. You will might get RFE for explanation. You need to talk to attorney as they have more network and know how to handle the case. My personal opinion is since this is a new situation in first 20 years you might not get a right advice from general audience.
How do I check what my level did my company file my H1B? I have the approval notice with me.
agree with your inputs.
It may, if the position is for Wage Level 2 and you file it as Wage Level 1
This is unrelated from new wage rules changes. But I would like to know if you have some inputs here.
I have valid H1 VISA stamp until Aug/2021, due to some urgency I want to travel to India for 1 week sometime in December. Would you think any existing travel ban impact on me based on my current visa status? or I’m eligible to make this trip.
Please let me know if you have any suggestions.
HI, If you have a valid visa stamped then can travel to India and come back to US since friend of mine just came last month for two week India travel.
How do I check what my level did my company file my H1B? I have the approval notice with me.
You need to check the LCA for this. You can find the LCA details by using a website like H1BGrader.com LCA search
If you have valid visa, there is nothing stopping you from travel, you are free to go and come back. Carry all the proofs to be safe.
Lawsuit filed by chamber of commerce is schedule to hearing on Nov 23. This is the only lawsuit filed against both DOL and DHS, while other 3 law suits are against DOL only. This lawsuit is moving fast. I see that deadline set for filings is also over. I see today Judge also denied new filings after the deadline . Judge also questioned DOL about the reason for not following time line for public comments. Not sure about how the judgement will be. We need to watch Nov 23 if we can get any outcome from this lawsuit or again if there will be delay. If any body has more information please share about these lawsuits. Next week is crucial to watch out.
Good summary. Thanks for adding it. Nothing new other than your summary. For others, you can check it at https://www.pacermonitor.com/public/case/36753577/Chamber_of_Commerce_of_the_United_State_of_America_et_al_v_United_States_Department_of_Homeland_Security_et_al
Thank you so much for giving updates on this.
Thank you so much for the updates.
Thanks for update. Hope we have a good news on Monday
What i see is there is no outcome yet. Purdue lawsuit is handled by Judge Emmet G. Sullivan in DC, and law suit filed by IT Serve alliance is handled by judge Stanley R chesler. IT Server alliance hearing date i see is Nov 24 2020 ,again not sure if court will push the date again. Both lawsuits are pushing for preliminary injunction’s . Purdue lawsuit on preliminary injunction outcome could be any time sooner this week or next week unless court pushes them again.
Thanks for your update.
Thanks for the update, really waiting for the hearing to file extension.
Hi Any body has news about court decision ?? waiting to get something as need to file a extension but company is unable to increase wages as per new rule ? not sure what need to do.
Same with me too. So nervous about how things will go.
No decision yet. We are still waiting. This IT Serve case has moved to hearing for Nov 24.
PURDUE UNIVERSITY et al v. SCALIA et al
MINUTE ORDER. In view of12 joint status report, it is hereby ORDERED that Defendants’ deadline to file a response to the Complaint is stayed. Signed by Judge Emmet G. Sullivan on 11/12/2020. (lcegs3)
MINUTE ORDER. In view of8 joint status report filed in Stellar IT v. Scalia, No. 20-3175 (EGS), informing the Court that Plaintiffs agree to consolidate the cases for resolution of the notice-and-comment claim, it is hereby ORDERED that this case is consolidated with Stellar IT v. Scalia, No. 20-3175 (EGS) for resolution of the notice-and-comment claim. Signed by Judge Emmet G. Sullivan on 11/12/2020. (lcegs3).
Please simplify the meaning.
Is that preliminary injunction (stay) order from court?
Everyone r very curious to know. Please respond
what does this mean?
To me, it seems court is saying there are multiple lawsuits on the same subject. They are asked to collaborate internally. May be there would be one hearing and all accused parties can better collect their points to make case stronger. This will have more chances to get results in favor of H1bs.
This is correct understanding there are two cases, so they are consolidating the same.
Thanks for sharing, this is the exact update !
I was wonder when is the hearing next and when can we expect a decision?
Whether we get any updates by this friday?
It was supposed to be for 13th, got cancelled…hopefully decision soon.
Is there any defined timeline or did the court give any date for hearing
It was supposed to be this Friday, now it cancelled… we may get a decision, stay tuned.
Do you know if they have given any other date? I didn’t find any news link related to this lawsuit could you please provide if you have?
Well, we continue to wait. Court has asked DOL to submit their argument..
When is the hearing on Lawsuit?
We had it scheduled for Friday, but cancelled somehow…we may get a decision soon..
Did we get any hearing date on this? The timelines are very important to be mentioned here as lots of people are waiting for the result of these lawsuits to proceed with their next jobs/extensions/transfers etc.
I’m unemployed and I landed a position around the 15th but I am unable to accept it until they overturn this rule. Anyone else has the same problem?
I am in same situation. I have done my medical and background check. On November 25, they will cancel my offer or I have to choose level 1 to start my H1b transfer.
There are many that are in same state as you…hopefully something happens this week with the lawsuit…
one of the major Indian IT company is not processing any amendments or extensions because of the new rule .Extensions /Amendments applied by employees are rejected internally . Forget changing company , we are not even able to change projects internally now .
Employees on bench are been asked to go back to India
Generally how long court takes to hear such Lawsuits? When can we expect this rule to be heard/banned in court?
My new employer hold me visa transfer documentation process due to new wage level rules. Any idea when this going to revert back so that I can get job
I am in same boat
I’m also in the same situation
When first hearing will be done in the court?
Nothing yet. Will keep you posted.
It is common sense that they rushed this rule and skipped the 60 day comment period to shove this rule before the elections. Kind of a last attempt punch before a possible knock out. It does not seem to be a well thought rule. I doubt this bill will fly.
Yes, very much rushed it for elections…
any further update on wage level law ? I am unemployed , new employer given offer but kept me on hold due to this wage level issues and no new offer lineup due to same issue. how soon we expect to get back the things normal.
We may have something this Friday. Waiting…
I checked the wage level in my recent LCA and it says Dietrich Spring Survey 2020 and doesn’t say any Wage level. Can you please let me know if this is related to wage level. Also, please let me know if the Dietrich Spring Survey wage levels also changed
Some of the wage data is not available in some locations. In such cases, you need to look at the disclaimer text in the bottom .
Is there any rule that USCIS cannot adjudicate the petition in your favor if wage certification is done with wage surveys? I thought as long as prevailing wage in the LCA is certified by DOL, USCIS has no say in the process how LCA was obtained whether with FLAC wage data or private survey. Besides isnt it only logical that wage is a labor issue and not an immigration one. If you could please start a separate post on this topic for people to share their recent experiences with Private wage surveys and H1-B approval or rejection, that would be great for people who need their H-1B transfers to happen now!
To my research done what you said totally makes logical as long as LCA is approved as per the current regulations USCIS cannot force employers to use only OES data . I think this is first of a kind in last 20 years that petitioners will now focus on private wage surveys as oppose to OES data. Previously if petitioners file LCA in lower levels by decreasing salary during extension the USCIS used to give RFE’s. But this used to happen only when salary was decreased in the companies for what ever reason the level was lowered. You can also wait and see what Kumar will add as part of his input
Thanks your your response. I agree with you there. This issue needs to be discussed at length within the community so that people who are seeking H-1B transfer right now can stay well informed. Perhaps more people commenting or even better, a separate post for people sharing their experiences after October 8 2020.
I will create an article, so that more users can discuss and we also try to put in what is in the regulation and analyse data from Past filings
As per my knowledge, there is no rule as such. DOL is the one who Certifies the wage. Again, we need to verify the regulation and text.
Definitely a good topic to start and research. Let us do it. Give it some time.
Sounds great! If my transfer (most likely based on wage survey) goes through in the near future, I would be more than happy to share my experience with new provisions.
Did some research, there are about 7% of total LCAs that are submitted using private surveys, so you are not alone. It should go through as long as the private survey meets the criteria. will cover these details in the article.
I know this rule will not sustain in the court. However, this rule is a chance for someone like me in the academics for a rise in the salary. Academic institutions are notorious for underpaying the H-1B employees.
This does not necessarily increase salary/wages and we all know that academia salaries are low. But this will eliminate those jobs or move jobs offshore. This new wage levels do more harm to USA than any good.
Moving the jobs to offshore or terminating them completely is a possibility in the IT sector, but not so much in the academia. It is very hard to find or retain eligible candidates because of the required unique skill set and low wages. Therefore, my opinion is that employers would increase the wages to those in the academic world rather than terminate them completely.
It is possibility everywhere unless you’re very exceptional even in IT. If you’re very exceptional they will invite and pay more to keep you rather than under pay. People exceptional always look for better opportunities and higher pay, Hard to deny these facts.
We all have to accept the uncertainty here in US whether you’re software engineer or a professor. It is sad that legal, tax paying and people in line for PR have to go thru this hassle.
Thanks a lot for your research! I am presuming 7% in the last 20 years? Where did you find this fact from?
This is for FY 2019. You can check the source https://www.epi.org/publication/h-1b-visas-and-prevailing-wage-levels/
Good Progress !! But, When can we expect this rule will be banned? approximately.
No one knows. It s just submitted, it needs to get a date on hearing, then only we can say….at least few weeks.
In lot of ways , there is broad assumption , that the rule will be blocked for sure in the courts. It should not be blocked for obvious unemployment regions. There are some good point in the rule that the H1bs need to be paid more than the US citizens for the same position. Currently the opposite is happening.
Lots of folks take it for granted that whatever DOL , DHS does is meaningless and courts will block it. That’s not true , if you see the DOL argument with numbers and reasons why the pay should be hiked , its a valid point.
Not arguing with the logic. The percentage uptick in min wages is not sustainable even for larger US companies.
Would be great if you can share the date on which hearing will be done in the court.
I have to request my new employer to hold my position and they insisted me to give final joining date.