Administrative Procedures Act Archives

New H-1B Rules Struck Down

On December 1, Judge Jeffrey White of the US District Court for the Northern District of California invalidated two new regulations that raised prevailing wages and eligibility criteria for foreign workers to receive H-1B visas.

“This decision ensures the continued viability of the H-1B program, which supplies work authorization to more than 580,000 individuals in the United States,” Paul Hughes, partner at McDermott Will & Emery, said in a recent article by the Society of Human Resource Management.

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DOL Less Likely to Appeal Fifth Circuit Ruling Vacating Expansion of Fiduciary Rule in Light of Recent SEC Guidance

In a recent 2-1 decision, the Fifth Court vacated the US Department of Labor’s controversial expansion of the ERISA fiduciary regulations (the New Fiduciary Rule). If the DOL does not seek a rehearing, the Fifth Circuit will enter a mandate revoking the New Fiduciary Rule nationwide. However, given recent fiduciary regulations proposed by the Securities and Exchange Commission, the DOL may be less likely to appeal the ruling and no longer seek to enforce the New Fiduciary Rule.

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