DOL Proposes 18 Month Further Delay on Prevailing Wage Changes for LCA and PERM

March 22, 2021

Today, the Department of Labor published a proposed rule to further delay by 18 months the effective date and transition date of the final rule on computation of prevailing wage levels for labor condition applications (LCA), required for all E-3 and H-1B filings, and PERM applications. Comments on the proposed delay will be accepted until 4/21/2021.

The effective date of the rule was already delayed once to 5/15/2021. Under today’s proposed rule, the effective date will be delayed until 11/12/2022, and the initial transition date will be pushed out to 1/1/2023. The DOL also proposes one year delays for subsequent transition dates, when increased prevailing wages will be phased in. 

The DOL states that “[t]his additional delay will provide a sufficient amount of time to thoroughly consider the legal and policy issues raised in the rule.”