The proposed delay will provide sufficient time for the Department of Labor to fully consider the legal and policy issues of the rule.

The Biden administration proposed to delay the effective date of the final rule by 18 months, which will calculate the current wages of certain immigrant and non-immigrant workers (including those holding H-1B visas).

After the announcement was announced, the official announcement stated that the proposed delay will provide enough time for the Department of Labor to fully consider the legal and policy issues of the regulation and issue an upcoming “information notice” to determine the source of current wage levels and methods to collect public opinions.

This proposed rule follows the initial 60-day delay announced earlier this month. The department’s actions are based on the White House memorandum dated January 20, 2021.