Advocacy Submits Comment Letter to Recommend that DOL Delay Implementation of IFR Increasing Wages for H-1B Visas

On November 9, 2020, the U.S. Small Business Administration’s Office of Advocacy submitted public comments to the Department of Labor’s Employment and Training Administration on its Interim Final Rule (IFR), which immediately increases the prevailing wages for certain employment-based immigrant visas and non-immigrant visas in the H-1B, H-1B1, E-3, EB-2, and EB-3 categories. Advocacy is concerned this Interim Final Rule, which will cost employers over $198 billion dollars over a 10-year period according to DOL’s analysis, will have a disproportionate impact on small businesses. Small businesses have told Advocacy that that they cannot pay the high wage increases in the IFR, and they may lose their current skilled workers and be shut out of this vital program, harming innovation and business growth. Small businesses across the country are already struggling to survive and many are facing record business closures due to COVID-19 related economic difficulties. Advocacy recommends that DOL delay implementation of this Interim Final Rule by a minimum of 30 days to receive comments from small businesses on any negative economic impacts of this regulation and to develop less burdensome regulatory alternatives. 

Comment Letter

Advocacy Contact: Janis Reyes – Janis.Reyes@sba.gov