US Court rebuffs H-1B Visa Rules for Skilled Foreign Workers

Alka Verma –

Published On: September 18, 2021 at 10:00 IST

A Federal Court in the US rebuffed H-1B visa rules for skilled Foreign Workers.

On Wednesday, the Court turned down the Trump era changes which were used to stop US companies from hiring cheap foreign labour by replacing American Workers.

Nicholas Iovino, who wrote the judgement in Courthouse News Service stated that the rules restricting H-1B visas were found invalid because they were issued under a Department of Homeland Security acting secretary who was unlawfully appointed to the role.

A lot of complaints got registered from the different institutions regarding the Trump rule including the Businesses and universities.

The complaint stated that the Trump Administration switched to the H-1B system from a lottery.

Further, it added that it used to select workers and labourers at random and it used to prioritize higher-wage jobs.

The complaints also said that because of this rule it became really harder for them to hire skilled foreign labour including workers and students.

Not only to businesses and universities but this rule was also applied to accountants, professors, scientists, architects, doctors and tech-industry workers as well.

This was not the first time, last year in December, Senior US District Judge Jeffery White stopped the rule for a temporary time period.

Judge Jeffery stopped the rule after it got sued by business groups and academic institutions led by the US Chamber of Commerce.

The Chamber of Commerce and its co-plaintiffs argued the rules violated the Immigration and Nationality Act, which states that noncitizens should be issued H-1B visas “in the order in which petitions are filed for such visas”, stated Iovino in the Order.

It should be noted here that after finding that Trump lacks the authority to make certain changes, last year Judge Jeffery also tried to stop certain non-immigration visa works by President Donald Trump.

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