On October 6, 2020, the Department of Labor (DOL) and Department of Homeland Security (DHS) announced new interim final rules (IFRs) that have left employers reeling in the wake of their effect on foreign national employees on H-1B visas or in the permanent residence process. The DOL IFR took effect on October 8, 2020. The DHS IFR will take effect on December 7, 2020. Both rules will significantly impact employers’ ability to hire and retain foreign national talent. While litigation that could suspend the rules seems imminent, employers are left to navigate the IFRs on the unsteady ground created by COVID-19-related H-1B and PERM compliance challenges.
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