27.5 C
Mumbai
Saturday, January 16, 2021
Home General Jolt for Trump administration as federal judge strikes down rules to curtail...

Jolt for Trump administration as federal judge strikes down rules to curtail visas granted to skilled foreign workers – World News , Firstpost

The US issues up to 85,000 H-1B visas each year. The new rules included imposing salary requirements on companies employing skilled overseas workers and limits on specialty occupations

File image of Donald Trump. AP

Chicago: A federal judge on Tuesday struck down two Trump administration rules designed to drastically curtail the number of visas issued each year to skilled foreign workers.

The changes applying to the H-1B visa program announced in October include imposing salary requirements on companies employing skilled overseas workers and limits on specialty occupations.

Department of Homeland Security officials deemed it a priority because of coronavirus

-related job losses and estimated as many as one-third of those who have applied for H-1B’s in recent years would be denied under the new rules.

US District Judge Jeffrey White in California said the government didn’t follow transparency procedures and its contention that the changes were an emergency response to pandemic job losses didn’t hold water because the Trump administration has floated the idea for some time but only published the rules in October.

RELATED:  The mob in the Capitol: An account of a day of mayhem unleashed by Trump on the US

“The COVID-19 pandemic is an event beyond defendants’ control, yet it was within defendants’ control to take action earlier than they did,” White wrote.

The US issues up to 85,000 H-1B visas each year in sectors including technology, engineering and medicine. Usually, they’re issued for three years and renewable. Most of the nearly 600,000 H-1B visa holders in the US are from India and China.

RELATED:  The mob in the Capitol: An account of a day of mayhem unleashed by Trump on the US

The H-1B rules announced weeks before the election were part of President Donald Trump’s wider agenda to curb nearly all forms of immigration. In June, he issued an order temporarily suspending the H-1B program until the end of the year.

The US Chamber of Commerce and universities including the California Institute of Technology sued in California, arguing there wasn’t adequate notice or time for the public to comment on the changes.

They also said the rules, particularly related to requiring a prevailing wage for visa-holders, would have a drastic impact on new hires and “sever the employment relationship of hundreds of thousands of existing employees in the United States.”

RELATED:  People Are Calling Salma Hayek, 54, The Most Beautiful Woman In The World After She Posted This Bathing Suit Photo

The University of Utah cited an example where an H-1B employee seeking renewal was paid an $80,000 salary but would have to be paid $208,000 under the new rule.

The judge agreed that the federal government didn’t make a case for implementing the rules under the Administrative Procedure Act, which makes agencies accountable to the public by requiring a detailed process for enacting regulations.

“Defendants failed to show there was good cause to dispense with the rational and thoughtful discourse that is provided by the APA’s notice and comment requirements,” White wrote.

The rule on wages, proposed by the Department of Labor, took effect in October, while the Homeland Security rule on occupations and other issues was supposed to take effect Monday. It also would have placed limits on “offsite” firms that employ and contract out H-1B visa holders to other companies; their visas would have been limited to one year at a time.

RELATED:  Trump says he’ll support the transition to a "new administration"
RELATED:  A Brazilian Writer Saw a Tweet as Tame Satire. Then Came the Lawsuits.

“This is incredibly important decision to preserve the H-1B program,” said attorney Paul Hughes, who represented the plaintiffs. “This ruling enables those individuals to maintain their jobs and their families in the United States.”

The Chamber of Commerce said in a statement that the ruling “has many companies across various industries breathing a huge sigh of relief,” with the visa changes having “the potential to be incredibly disruptive to the operations of many businesses.” Messages left Tuesday for spokespeople with the Labor and Homeland Security departments weren’t immediately returned.

The wage rule has prompted at least two other federal lawsuits in New Jersey and Washington, DC.

Find latest and upcoming tech gadgets online on Tech2 Gadgets. Get technology news, gadgets reviews & ratings. Popular gadgets including laptop, tablet and mobile specifications, features, prices, comparison.

This article is auto-generated by Algorithm Source: www.firstpost.com

Follow Us: Facebook | Twitter | Google News

Trending

Latest News